BUSINESS CORPORATIONS AND LAW2 (a) A contract is acceptable enforceable agreement existing between either two or more parties in which each party assumes licit obligation that in all means must be completed. Legal issues must arise between Australian Hairlines and its customers. Australian Hairlines fail to meet the obligation they stated on their advertisement. Australian Hairlines breaches a contract with customers but fail to perform. Customers have every right to sue Australian Hairlines for not performing as promised. In some very limited cases they can request the court to force as it promised. This contract between customers and Australian Hairlines can be a source of dispute because they fail to state it clearly. Additionally, they can sue each other and the argument can be settled. Customers will pursue legal action to obtain relief. The law is very clear that it is illicit to make advertisement that are incorrect or most likely to create untrue impression. The consumers in Australia are protected from any misleading information. Section 18(1) of Australian consumer law states, “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive” (Corones,2012) Australian state and Federal laws are very clear. Any service provider should only offer services or goods at any special price if they have decided for a reasonable specified period unless they state clearly whether services or goods are in short supply for a very limited time. The forty consumers in Australian Hairstyle saw the advert and the time was not specified. They have every right to claim the offer. This advert is the one for bait
BUSINESS CORPORATIONS AND LAW3 advertising. Bait advertising is very illegal activity of advertising specific prices on services and goods which are only available for limited time. The limit is not disclosed Cleary. This will be taking unfair advantage on customers. (b) The ten customers have every right to claim for the promotion. This is simply because they are also customers. Whether they are aware of the advert or not, they have right to be informed so longest the validity of the promotion is still on. Each customer has the right to receive truthful and accurate information about the services. Australian consumer laws do not allow Australian Hairline to make incorrect false statements which leads to false impression. This is cheating on consumers. The advert is considered misleading and deceptive regardless of whether it is clarified later. The information from the consumers who heard about the promotion is sufficient for the other ten consumers to claim for the offer. Australian Hairlines uses misleading, untrue or confusing to promote their target customers. The Australian consumer laws protects consumers from unprofessional activities by the service providers with an aim of promoting and advancing the consumers economic welfare. The consumers can report to Australian Competition and Consumer. The laws to protect consumers from being misled are put in place. (Corones & Clarke,2011) A business, Australian Hairline in this case is not allowed to make false entitlements about fake promotion with no validity. In recognition of consumers rights The Australian Consumer Law was formed to address the issues affecting consumers as well as to protect consumers from unscrupulous traders. The ten customers should inform
BUSINESS CORPORATIONS AND LAW4 the Australian Hairlines about the advertisement they made. If they fail to cooperate, they can report to Australian Consumers laws. (c) There is no way that Ming will argue about the low price. The advert is there in local news paper and most customers visiting Australian Hairline is aware of ten dollars for each person that is after service. Ming is supposed to assume all the loses incurred in the business. Ming should consider a lot of factors before giving out offers. Could have consider financial capability. This helps to know the level of risk to take and handle. The business should be stable enough to avoid any unpredicted loses. Ming should understand that offers are use show appreciation to customers but not to retain them. Additionally, special offers should be given when a stable foundation has been attained. Special offer strategy should be implemented when one has established enough customers which are very loyal. No need for Ming arguing with customers. Ming had enough time before making conclusion about the advert. One must be very careful on how to announce special orders. Ming arguing with customers does not make sense. Should have come up with different methods on how to reduce and minimize effects of special offers on bottom line. (Carter & Chan,2019). Believing in himself that he has withdrawn the advert is never correct. The advert will remain in a local newspaper and several customers will come across. This will make Ming liable to the advert. He should advertise again on that the special offer has come to an end at a given time. This will be correct.
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BUSINESS CORPORATIONS AND LAW5 References Carter, J. & Chan, L. (2019).Contract and the Australian consumer law. Alexandria, NSW: The Federation Press. Corones, S. & Clarke, P. (2011).The Australian consumer law : commentary and materials. Rozelle, N.S.W: Thomson Reuters (Professional) Australia Limited. Corones, S. (2012).The Austalian consumer law. Rozelle, N.S.W: Lawbook Co