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Does Sageeta with Myers fall within the Australian Consumer Law?

   

Added on  2021-05-27

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Running Head: COMMERCIAL AND CORPORATIONS LAWCOMMERCIAL AND CORPORATIONS LAWName of the Student:Name of the University:Author Note
Does Sageeta with Myers fall within the Australian Consumer Law?_1

1COMMERCIAL AND CORPORATIONS LAWAnswer One:Issue:The issue in this given scenario is whether the transactions of Sageeta with Myers fall within theoperations of the Australian Consumer Law.Rule:The Australian Consumer Law which is provided in schedule 2 of the Competition andConsumer Act 2010 governs the right of consumers in relation to purchase of goods and services.It can be stated in accordance with section 3 of the ACL that any person who acquires any goodsor services amounting 40,000 dollars, for personal, household and domestic consumption can becalled a consumer (Legislation.gov.au 2018). However, it has been provided in subsection 3(2)of the ACL that a person cannot be called a consumer, if such person acquires the goods forresupplying them or for transforming them in trade or commerce. Application It is evident in the given scenario that Sangeeta had purchased the rice cooker from thedepartmental online store of Myers for her aunt. The price of the rice cooker was $59.95.. Shehad also purchased an electrical drill for his Uncle which cost $69.95 dollars. Sangeeta had alsopurchased an electric tooth brush for her cousin Pooja for $49.95. The cost of the productspurchased by her did not exceed 40,000 dollars and the products purchased by her had not beenacquired for household and domestic purpose. She did not acquire the products for the purpose ofreselling them. Thus, it can be inferred in relation to section 3 of the Australian Consumer Law,
Does Sageeta with Myers fall within the Australian Consumer Law?_2

2COMMERCIAL AND CORPORATIONS LAWthat Sangeeta in this scenario fulfills all the criteria of a valid consumer and thus she hasconsumer rights, protected by the Australian Consumer Law ConclusionThus to conclude, it can be stated that the transactions that have been provided through the givencase study fall within the operations of the Australian Consumer Law.Answer two:Issue:The issue that has been identified by going through the facts of is whether Myers, thedepartmental store breached the consumer guarantees that were provided to Sangeeta by theAustralian Consumer LawRule: The consumer guarantees have been provided in section Division 1 of the Australian ConsumerLaw.The consumers are provided with implied guarantees in relation to the purchase of goods andservices which have been provided in sections 51-59 of the ACL The consumer guarantees asprovided in the aforementioned section include guarantee to title, undisclosed possessions,undisclosed securities acceptable quality, fitness for particular purpose, sale of goods bydescription(Legislation.gov.au 2018).
Does Sageeta with Myers fall within the Australian Consumer Law?_3

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