COMMERCIAL AND CORPORATION LAW.

RUNNING HEAD: COMMERCIAL AND CORPORATION LAW
Commercial and
Corporation Law

COMMERCIAL AND CORPORATION LAW
Dear Manager,
RE: Complaint about faulty Ford Focus vehicle purchased from Essendon Ford Dealership in
2016.
Not happy with the quality of a vehicle I Bought from Essendon Ford Dealership in 2016 and
I am writing to seek a replacement.
As the main aim of the Australian Consumer Law (ACL) is to enhance the welfare of
Australian consumers by safeguarding their interest and by promoting fair trading
competitions such as the safety of the product, labeling, and monitoring of price.1 Various
provision of the Consumer law provides for a prohibition on deceptive and misleading
conduct.2 Sec 18 of the Consumer Law provides for the same. As per this section, no person
shall be allowed to mislead or deceit another person in trade or commerce.3 The main purpose
of this doctrine is to provide customer protection by precluding businesses from misleading
their customers.4 There are few elements, which make the conduct of, deceptive or
misleading such as the said conduct was done in the trade or commerce, in all situations such
conduct was misleading and deceptive, the applicant relied on such conduct and due to
relying on such conduct loss was suffered by the applicant.5
The car, which was bought from Essendon Ford Dealership, keeps on shudder and jerking
when accelerating and suddenly makes a lot of noise and loses power. As per the provisions
of ACL, Ford has misrepresented and deceived customers, who made complaints in the past.6
The company kept on stating that the issues with the vehicle of the customers are due to the
way the driver handled the vehicle. Although Ford is aware of the systematic issue with their
cars. Many times car was sent for repairs but the company rejected to provide a refund or
replacement. The company has breached the provision of the ACL by misleading the
consumer to invest in their vehicles which were faulty and not fuel-efficient as well as does
not provide smoother gear shifts while driving as represented by the company at the time of
purchase. Apart from this, the company refused to provide a replacement or refund vehicle
1 Stephen G. Corones, The Australian Consumer Law (Lawbook Company, 2012) 713
2 Dilan Thampapillai, Vivi Tan, Claudio Bozzi, and Anne Matthew, Australian Commercial Law (Cambridge
University Press, 2015) 544
3 The Australian Consumer Law s 18(1)
4 CCH Australia, Understanding Australian Consumer Credit Law (CCH Australia Limited, 2011)
5 Justin Malbon and Luke Nottage, Consumer Law & Policy in Australia & New Zealand (Federation Press,
2013) 438
6 Nicole Morandin and Joshua Smith, Australia Competition and Consumer Legislation (CCH Australia, 2011)
1929
1