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Commercial Law – Assignment

   

Added on  2021-02-19

9 Pages3212 Words29 Views
COMMERCIAL LAW
Commercial Law – Assignment_1
Table of ContentsINTRODUCTION...........................................................................................................................3QUESTION 1...................................................................................................................................3QUESTION 2...................................................................................................................................5CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
Commercial Law – Assignment_2
INTRODUCTIONCommercial law basically deals with rights, duties and relations and person's conductwith each other in relation to business, commerce, trade, merchandising, etc. It deals with publicand private laws and is also considered as branch of civil law. Law of Tort covers the legislationas well as the aspects of common law, it is a civil wrong in which one person can sue otherperson for the wrong done by the other due to which financial loss and physical injury is causedto the first person. This report highlights the study of a case, in which various statutoryprovisions and principles of Tort of Negligence are being mentioned. Also, the advice forseeking help for the financial and physical loss under Australian Consumer Law are being stated.QUESTION 1Case IdentificationIn this case, husband and wife, Joe & Kamela, after returning from honeymoon hasshifted to Joe's house, as his house is very cold, they went to purchase a heater from Paymartwhich is a discount department. There in the store the salesman Steve, displayed variety ofheaters, including gas and electric heater. Steve suggested Hades 5000, which was a gas heaterand suitable for large area covering Joe's kitchen, dining and lounge area. Joe then purchasedtwo of them, Hades 5000 for $4000 and Hades 2000 for $3000 for his bedroom. They were fittedby a gas fitter Fred Kemper who was suggested by the salesman himself. One day they heardsome frizzing sound from the lounge room and when they came out and saw, spark was comingout from the heater due to which ignition was caused, suddenly the house exploded, and theyboth got injured by the time they came out. At the end, through the investigation it was foundthat the problem was with the heater and not in its installation.RulesTorts are generally created by Common Law but also includes various statutory wrongs.They are the civil wrong which is done by one person and causes suffering injury or loss to theother person. Any action or omission of the action done by any individual or authority, amountsto crime and can be taken to the court for relief. Provisions of this law states that it can be donethrough:Negligence, where due to failure to keep due care and diligence by other person, harm orloss is caused to other person(Buckley, 2018).
Commercial Law – Assignment_3

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