Commercial Law, Employment Law, and Health and Safety

This document provides expert solutions for various cases related to Commercial Law, Employment Law, and Health and Safety. It discusses the provisions of various acts and regulations related to these fields and provides insights on how to ensure a safe working environment for employees.

Running head: COMMERCIAL LAW
Commercial Law
Name of the Student
Name of the University
Author Note

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Question 1: Goods Sales
A.
The major objective of the Sale of Goods Act of 1908 is governing the transactions involving
goods sales. The law also holds that the sellers should abide by the regulations that needs
them to ensure the quality of their sellable products.
B.
i) The contract involving Lisa and Paul regarding the sale of Shed have been presented in a
written layout. The second section of the act holds that a sales contract is to be considered as
contract for goods sales, if the contract is developed under the advisory of 3rd section as well
as 5th section of the same act.
ii) Ownership of property is not receivable by the buyer before making the payment or
processing of the delivery. Hereby, it needs mention that the section 20 of the act advocates
that buyer might not accept ownership if the seller tampers with any prospect of the property
after preparation of contract without notifying the buyer. Since, Paul did not know about
fixing of the window, he is not entitled to get the ownership.
iii) Sec 22 of the act bestows the responsibility of the property to the seller until the transfer
is completed effectively. In the interim any accident caused to the property would lead to
cancellation of the contract. Therefore, as per section 9, the contract becomes void.
C.
In the current case, the destruction of the property by fire is a natural incident where none
parties are to be held responsible. The delivery was not enacted before the spread of fire and
this implies cancellation of the contract under section 9.

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D. Section 15 holds that after sale the condition of the property should match with the
description provided before the contractual agreement. The following section ensures that the
seller has the responsibility to maintain the property in that condition. In this case, the sales
subject should have been Amphitrite Soybean Oil. However, the buyer received lubricating
oil. Hence, Jo can justifiably reject the product.
E.
i) in this case the sellable product is the carpet. However, even after making the payment, the
buyer did not receive the good. In this case, even if any unintentional accident have been
caused, the liability is to be shared solely by the seller. Again, as per the section 9, the sales
contract is also liable to be cancelled. Therefore the seller is also supposed to reimburse the
received amount.
ii) As per section 20, Charles is not liable to receive the product since changes have been
made to the product before delivery. Hence, the seller will be accountable for the loss caused
by the fire. However, the music system was lying with Pat and the common law does not
advocate the law of frustration to redress the doctrine of unjustified enrichment. Hence, Pat
would pay $5000 to the company.
Question 2: Guarantee of the Consumer
A.
The Act of Consumer Guarantees, 1993, is a replacement for the previously existing
Sale of Goods Act 1908. The objective of the implementation of the act is granting protection
to the consumers. This act holds that sellers should maintain quality of the sellable product so
that the end product matches the description provides at the time of formation of contract.
However, this law is implacable to the goods of personal use only.

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B.
Section 6 of Consumer Guarantees Act 1993 needs that the goods have to be of acceptable
quality. In this case, the Yacht that was delivered has been found to be unfit for use. However
for the life jackets (second hand component), the person from whom the good was purchase
was not a scheduled seller. Hence, there is no remedy for the life jackets.
Alex incurs the right to be redressed as per the provisions of section 20 that are not
implacable in this case. Since, repair is not possible, Alex has the right to claim replacement
of the property.
C.
i) Section 9 of the CG Act 1993 holds that condition of good should match the product
description also. However, in this case, the product do not match the description. Hence,
Sarah is liable for this misfit of the product with the description since it was her idea to
provide the description as per the agent’s recommendations.
ii) Purchases relating to the paint was done by Sarah solely on recommendations of the agent
Bob. Hence, Sarah is liable to be remedied. She would either receive a refund or replacement
based up on the discretion of the store.
iii) Since the store is delaying in replacing the goods, Sarah can claim for replacement. She
gets patronised by the section 18 of the act in this case.
iv) If any replacement is not available, then refunding her is the only option. This is because
the sales assistant made misrepresentation because of which the product is unfit for use. She
is also liable to receive all expenses she made in furtherance.
v) This act do not patronise the purchases made for commercial purposes. In this context, the
purchases of the fridge was a transaction which incurs that the act is also implacable here.

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The seller should guarantee the quality as well as durability of the goods as per the section 7.
Hence, when the fridge stopped working after a month, thee section 7 had been breached.
As per the section 18 of the act, AFL Company is liable to make repairs to the fridge
within a reasonable time period. The company needs to bear all expenses for the repair.
However, the seller in this case can also replace or refund for the disrupted product.
Question 3: Fair Trading Act
1.
Te sections 13 and section 9 of the Fair Trading Act 1986 prevents al sellers to speak false
about the condition of the product as different form the original in order to make promotions
for sale. In this case, the company advertisements demands that gods are supposed to be
manufactured with 100% New Zealand Merino Wool, further implying that goods were
indigenously manufactured in New Zealand. This is a false and exaggerated statement. In
reality the product composed of 85% Australian Merino and 15% was Polyester. The product
had been designed in New Zealand and manufactured in China. This implies that the
company made a misleading, deceptive as well as untrue comment regarding the Fair Trading
Act 1986 and the same will render the company to be liable.
2.
A.
a) The issue in the mentioned context is whether Specialist Laboratory Services Ltd is liable
to Bhavin for making misleading as well as false misinterpretations.
b) The section 13 and/or the Section 9 of the Fair Trading Act 1986 holds that the sellers are
prohibited to make untrue, deceptive, or any sort of misleading comments regarding the
durability, quality of contents of any specified product, while making promotional advertising

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of the product. The section 40 of the act needs that if the company is breaching any
provisions specified in this section, compensation worth $600,000, have to be paid in
aggregate. In case of the claimed product is of a lesser value, the discretionary authority of
the Disputes Tribunal will be held accountable for deciding the monetary value of the
compensation.
B.
In the current situation the advertisement of Keen is misleading as well as untrue. He
portrayed a false image of his skills saying that he has the experience of training famous
athletes. Therefore the section 13 have been violated. Besides, the demands about losing 1
kilo every week is hardly based upon Research and hence is a violation of section 12A. Since
Keen had violated these sections of law, he is liable to be investigated under the section 40,
41 as well as 42 of the same act and might undergo penal actions also.
3.
The fair trading Act 1986, sections 13 and 9 presents the sellers to make any misleading
statement or deceptive and false demands in regard to the standard, description of the quality
of the goods which are being sold. Again, it is strictly prohibited to do the same in context of
promoting the product to any customer before or during making the sales transaction. In this
situation, it can be proclaimed that food storage limited company violated section 9 as well as
section 13 of the fair trading Act 1986. The company advertise that their product sale is not to
be modified genetically, but actually they might sell products that are genetically modified.
Hence, there have been a false statement made from the end of the company with the target of
promoting the products to the customer and this is the act of contravention of the fair trading
Act 1986.
Question 5: Employment Law-Dismissal

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Case 1
1.
Unfair dismissal can be regarded as a dismissal that has no justified reason behind it and
hence can be conceived as ingenuine. Hands have been dispatched because of his lack of
performance that has been identified from the evaluations of the student. However, in this
context Alan gave him a fair warning and also requested to improve the standard of his
performance. However, Hans had disregarded all these warning and also ignored the fair
chance of examination that he got. In this context from the provisions of the employment
Relations Act 2000 can be applied. The postulates of the act justifies that Alex had fair
Grounds of dismissing Hans.
2.
Termination of the employment of Hans has not been executed following the protocol
requirement. In anyway a termination needs to be made by providing prior notice to the
employee specifying the reason why he or she is being dismissed. Any particulars of legal
regulations under which his or her termination is justified, should also be specified to the
person. A notice period of one week needs to be served, which Alex failed to furnish.
Case 2
Under section 28 a of sex discrimination act 1984 defines the regulations against sexual
harassment. This act considered that sexual harassment in office is strictly unlawful. This
empowered Late to launch and allegation with the Australian Human Rights Commission
regarding what happened between Sextus and Lucretia. The organisation would definitely
need to take some steps against Sextus otherwise the company would also share the liability
of the malicious act of Sextus towards the Lucretia. The company also needs to have a proper

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policy against sexual harassment and they meet to establish a disciplinary committee which
can address the issues and find prompt remedies.
Case 3
in this case, the dismissal of the employee had not been done by the company in compliance
with the specific procedures in the employment Relations Act 2000.so far as the case is
concerned, Rob have been an employee of the organisation for over 5 years and for
terminating him the company needed to give a prior notice at least four weeks before.
However since the breach of law has been done in this case, the specification of the notice is
not an important element for this case.
Case 4
The dismissal is also unfair in this situation. The organisation had a written contract while
employing Mary. However the region document needed to be signed afterwards. All sort of
negotiations regarding work timing as well as other requirements have been done. Hence it
can be considered to be a valid employment contract and this makes the dismissal of the
employee, an unfair practice.
Case 5
Section 28A of sex discrimination act 1984 clearly define sexual harassment. This act
provides at workplace sexual harassment is absolutely illegal. In this case the company
should have lost a company with the Human Rights Commission of Australia regarding the
sexual harassment case, but today absolutely is name the complaint which Mary did.in case if
the organisation do not take significant steps against the employee involved in this act, the
share of liability will also fall on the organisation along with the employee involved in this
act of crime. A policy also needs to be implemented in a proper way against sexual
harassment in the organisation. For this purpose a disciplinary committee has to be formed

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which will address the problems that the employees in the organisation face or might face
regarding sexual harassment and find remedies against that.
Question 5-health and safety
1a)
The duty of maintaining workplace safety conditions so that the employees can walk
comfortably lice absolutely with the employer. Because of extensive work pressure,
employers failed to ensure workplace safety policies and implement them properly in this
case. The minute negligence of the employer leads to this accident and this holds that the
employer is to share the entire liability of this accident.
1b)
The provisions of the health and safety at work act 2015 holds that the employer should be
liable to ensure the health and safety conditions of the employees, customer, volunteers,
suppliers as well as the contractors and any other stakeholders who are related to the course
of business of the organisation. In order to abide by this act, all employees should take up
urgent liability to keep the working atmosphere and work environment safe from all respect.
2a)
The employer in this case failed to ensure that the rotation process take place in accordance to
the shift timings. It was found that the break timings and overall schedule was also not
framed properly. The action of the employees were not being monitored in a proper way and
supervision of workplace was severely lacked. In fact there was no proper communication
between the management as well as the supervisors employed for working with the
employees. The machinery with which important operations were being handled, were
utilised in an unsafe manner. The supervisory activities where not conducted properly

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because of which this lack of safety was not identified by the upper management in due time.
The lack of proper communication between the management and the supervisors is a primary
reason accountable for this. Proper communication between them could have prevented the
occurrence of this accident. This implies that the working environment was not usual.
Therefore the liability is to be shared totally by the employer in this case.
2b)
Urgency of Maintenance Remarks
Urgent Not Urgent
Safety regarding Electrical outlets
Maintenance of equipment
Proper conditions of equipment
Absence of entrapment hazard
Storage safety
Clearly labelled entrances and exits
Hygiene
Fire exit accessible
Waste management
Awareness of staff regarding safety
measures
First Aid available and accessible
Fire compliance
Risk assessment
Adequate facilities with respect to rest
Availability trolleys for heavy lifting

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noise level acceptable
Temperature, humidity and air flow
acceptable and fit for working
adequate lighting
Awareness about shift timings
Register maintained

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References
Australian Human Rights Commission Act 1986
Consumer Guarantee Act 1993
Fair Trading Act 1986
Sale of Goods act 1908
Sex Discrimination Act 1984