Consumer Law and Food Poisoning

This assignment delves into various aspects of consumer law through case studies. It examines a food poisoning incident where Harry suffers from Carl's improperly prepared fish, analyzing the potential for a successful lawsuit. Additionally, it explores Betty's situation involving a phone purchase that did not meet her expectations, discussing her rights under Australian consumer law and the possibility of obtaining a refund.

LAWS20061 Management Law (2017 Semester 2) 1
LAWS20061 Management Law (2017 Semester 2)
Assessment 3 – Case Study
Course
Professor’s Name
University
Student’s name
Date

LAWS20061 Management Law (2017 Semester 2) 2
Question One: Family Law
Issue
The court is likely to rule that the prenuptial agreement signed by Susan was invalid
because: Steve and Susan entered into a marriage prenuptial agreement on the grounds that upon
divorce, Steve was to pay only $100, 000 in settlement. Steve presented the agreement a week to
their wedding. Susan’s relatives had travelled far and wide thus reluctantly signed the document.
Rule
In defining marital property, the court will uphold the validity of the prenuptial if: the
agreement was created unfairly. In order to protect Stave’s financial interest, he opted for a
prenuptial agreement. However, before signing a Prenuptial, one should be aware of the legally
binding quotes in a valid situation. In this case study, tom asks Susan a week before the wedding
to sign up a prenuptial agreement or else he was going to call off the wedding.
Application
Steve’s position as a successful business and that he met Susan online places him in a
tricky position. Despite that he wants to marry Susan, he must consider protecting financial
interests in the event of a divorce. In order to establish whether the Prenuptial was valid, it is
important to consider the conditions and scenarios under which the Prenuptial was signed. To
begin with, a Prenuptial should be written and signed by the parties involved (Granberg 2014). If
that is not the case, then the agreement was not properly executed and was signed under duress
(Granberg 2014).

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Conclusion
In this case, Susan had little choice but to sign the Prenuptial because her family had
traveled from abroad to come attend her wedding. Secondly, she had little time (one week) to
decide whether she was comfortable or Steve was to cancel the wedding. As such, under such
conditions, it is safe to argue that the Prenuptial was not valid.
Question 2: Oral Contract
Issue
In the second case, Steve may have entered an oral contract by agreeing to buy a car from
Jason, only if Jason made the preferred changes that Steve had suggested.
Rule
The considerations of an oral contract comprise of an offer, acceptance of the offer and
the consideration (Poole and Shaw-Mellors 2017). Since this case is a subject of legal
proceedings, it is unlikely that courts to uphold agreement if the important elements are not
satisfied. Despite that Jason may provide sufficient elements for this case, it may be difficult to
overcome the burden of proof.
Application
Where he alleges the existence of an oral contract, Jason has a task of providing that the
assertion is indeed satisfactory to the court. This can be hard where the only existing record is
verbal agreements or phone calls. In the event where a party fails to do their obligations under a
contract, without any lawful excuse they are said to have breached the contract. The innocent

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party has a right to terminate the contract or sue the defaulting party (Poole and Shaw-Mellors
2017). However, for them to have a valid case it is important to provide substantial proof that
shows that there was an agreement between both parties. It is also important to note that
documentary evidence is more reliable as it suppresses here say claims.
Conclusion
In this case, Jason has to prove himself in court by establishing that Steve breached their
contract.
Question Three: Food Poisoning Laws
Issue
In theory, it is possible to sue those responsible for food poisoning. As per the law, a
personal injury lawsuit may help to recover compensation for the medical bills and other losses
(Resnik 2015).
Rule
However, it is important to consider that food poisoning lawsuits usually provide a well-
documented account of the food contamination supply. In this case, both parties were involved in
getting the food even though it Harry who prepared it.
Application
For this case to succeed, one has to provide that the source of the contaminated food.
Although the food poisoning law is not special when it comes to suing individual persons, the
lawsuit must prove the person legally responsible for the damage. Despite Carl knowing that the

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fish was poisonous and that he was not a skilled chef, he went ahead and prepared it. As a result,
Harry suffered food poisoning.
Conclusion
In this case, because Harry suffered severe injuries that led to his hospitalization, and
then it is most likely that he can make the lawsuit financially worthwhile.
Question Four: Consumer Rights and Guarantees
Issue
Under consumer law, Betty has right to return the phone because it was not described for
the purpose she bought it for.
Rule
As per the Australian consumer law, the consumer rights are also called consumer
guarantees (Taylor and McNamara 2014). These guarantees include the right to replacement or
refund, compensation for damages, rights to repair as well as a right to cancel faulty service. As
such, if the product or service one buys fails to meet the guarantees made to the consumer, one
has a right to ask for a repair, refund, or even replacement. However, it is important to consider
that the remedy is reliable on whether the issue is minor or major. Betty was anticipating for a
high performance, 12 MP cameras, 5x digital zoom. Instead, what she got was a 3x digital zoom
and short serving battery.
Goodwill Return Policy: Most retailers provide the consumers with a return policy that
has an exchange, credit note or even refund for their products. In case the phone was bought

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online or by mail, then the consumer has additional rights under the consumer contracts
regulations (Taylor and McNamara 2014). However, it is important to consider that one can only
return if the goods bought are non-faulty. Therefore, since Betty’s only concern is that
functionality, then it is possible for her to ask for a refund. On the other hand, it is worth pointing
out that not all shops have a return policy.
Application
According to the provision of the Consumer Rights Act, one has a right to claim a refund
if the product is faulty (Taylor and McNamara 2014). However, this automatic refund has a 30-
days’ time frame or else you can give the retailer time to repair or replace. In this case, Betty has
to provide proof of receipts that she bought the phone. Before making online purchases, it is
important to find out from the customer sales service about the return policy (Taylor and
McNamara 2014). This is because some retailers may not have a return policy and in other cases,
the retailers only pay attention to faulty products.
Conclusion
Therefore, Betty has a claim if: the retailer has a return policy and if she has receipts to
confirm the purchase.

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References
Granberg, R.S., 2014. Three Logical Arguments for Divorce Settlement. Fam. Advoc., 37, p.20.
Poole, J., Devenney, J. and Shaw-Mellors, A., 2017. Contract Law Concentrate: Law Revision
and Study Guide. Oxford University Press.
Resnik, D.B., 2015. Food and beverage policies and public health ethics. Health Care
Analysis, 23(2), pp.122-133.
Taylor, D. and McNamara, N., 2014. The Australian consumer law after the first three years-is it
a success?. Curtin Law and Taxation Review, 1(1), pp.96-132.