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Company law - Assignment PDF

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Added on  2021-06-14

Company law - Assignment PDF

   Added on 2021-06-14

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Running head: COMPANY LAWCompany LawName of the StudentName of the UniversityAuthor Note
Company law - Assignment PDF_1
1COMPANY LAWAnswer 1ISSUE Can Jocelyn sue R’UsRULEThere is a significant difference in the bargaining power of the sellers and consumers. Theparliament has enacted consumer protection laws to provide protection to the consumer. Theyhave been provided with consumer guarantees under the provisions of the Australian ConsumerLaw. The law is a part of Schedule 2 of the Australian Competition and Consumer Act 2010(Cth). The consumer guarantees includes providing in the course of trade and commerce goodswhich are of an acceptable quality, goods should match description and goods should be fit forthe purpose which have been disclosed by the consumer at the time of purchase. Theseguarantees are provided through part 3-2 division 1 of the ACL. However consumer guaranteesare not applicable of goods which have been sold via an auction. A person is only to be considered as a consumer where the goods or services have been procuredin the course of trade and commerce, the price which has been paid to procure such goods$40000 or below and the purpose of the goods purchased are for household and domesticconsumption. The goods which have been purchased to be resupplied or to manufacture othergoods do not form a part of the consumer law. Further section 54 of the ACL provides that goods have to be of a quality which can be expectedby a reasonable consumer. It has been provided through the section that the goods are of anacceptable quality of not depends upon their appearance, durability and safety in terms of used.
Company law - Assignment PDF_2
2COMPANY LAWWhere the consumer guarantees are violated by a manufacturer or a seller the consumer hasremedy under section 260 and 261 of the ACL. The remedy under section 260 provides for majordefects and remedy under section 261 applies minor defects. Under section 260 the consumerhas the right to reject the goods and claim damages from the supplier. In Bartlett v Weatherill[2017] NSWSC 31 the court ruled that the consumers have to be compensated for consequentiallosses incurred through the use of goods supplied in trade and commerce. Application The situation in hand provides that the inured party, Jocelyn has indulged into the purchase ofMelons form the seller hereby referred to as R’Us. The melons in context had been infected by abacteria which is not safe for human consumption. The injured parties have consumed themelons and have suffered significant distress from which she had to be hospitalized. As discussed above section 54 of the ACL provide that goods have to be of a quality which canbe expected by a reasonable consumer. It has been provided through the section that the goodsare of an acceptable quality of not depends upon their appearance, durability and safety in termsof used. The case study on the other hand provides that the melons were not of an acceptablequality as they have been infected by bacteria. Any reasonable consumer will not expect that themelons to be infected with virus. Thus the guarantees as provided by section 54 under part 3-2division 1 of the ACL have been violated. The Injured party had to incur cost relating to caringservices and hospital bills. Conclusion Thus she has to be compensated through section 260 of the ACL and Bartlett v Weatherill byR’Us.
Company law - Assignment PDF_3

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