Commercial Law Assignment - University of Example - Semester 1, 2024

This assignment addresses key aspects of commercial law, focusing on contract law and the Australian Consumer Law (ACL). The first part analyzes a scenario involving the formation of a contract, specifically the application of the postal rule. The second part discusses the ACL and its provisions regarding defective goods, advising on the potential legal remedies available to a consumer. The assignment highlights the advantages of pursuing legal remedies under the ACL compared to suing for negligence. The student analyzes the legal issues, applies relevant legal principles, and provides conclusions based on the provided information. This assignment aims to demonstrate understanding of contract law principles and consumer protection laws.

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

1COMMERCIAL LAW
Question 2
Issue
To advice Billy whether he has a legally enforceable contract with Jarrod
Rule
Under the common law of contract, the postal rule of entering into an agreement says that
the offeror shall be liable to abide by the offer that he made as soon as the offeree accepts it
and acknowledges it by a reply post.
Application
Jarrod asked Billy first for buying the lawnmower. Billy agreed and sent a letter as a reply on
the 1st of august. Billy’s reply to Jarrod’s offer by way of post on the 1st signifies that he had
accepted his offer.
Conclusion
Therefore, Billy has an enforceable contract with Jarrod.
Question 3
Issue
To advise Victor about the provisions of the ACL that would be best used to claim damages.
Also, to advise why it is better to claim legal remedy under ACL than suing for negligence.
To advise the provision relevant for getting a replacement battery
Rule
Part 2 and 3 of the Australian Consumer law (schedule of the Competition and Consumer Act
2010) lays down provisions for holding a manufacturer liable for selling defective goods.
Application
Victor could hold the manufacturer liable under part 3 of the Australian Consumer law
Conclusion
ACL is a statutory legislation which is more relevant and enforceable than the principle of
negligence of the manufacturer.

2COMMERCIAL LAW
References
Australian Consumer law
Competition and Consumer Act 2010