Business and Corporations Law Assignment - CLWM4000, T2 2017, Uni

This assignment addresses issues related to Business and Corporations Law, specifically focusing on a scenario involving a waiver agreement and consumer rights. The assignment delves into the legal implications of a supplier inducing a consumer to waive their rights, referencing the Competition and Consumer Act 2010. It examines a case where the defendant allegedly took the plaintiff's signature on a waiver agreement through fraudulent means. The analysis highlights the general legal principles concerning agreements and the court's discretion in cases of ambiguity. The conclusion emphasizes that the defendant cannot prevent the plaintiff from approaching the court, as it would undermine the purpose of consumer law. The assignment concludes with a reference to the Competition and Consumer Act 2010- Schedule 2 (Cth).

Running Head: CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 1
Assignment on Business and Corporations Law
Name of Student
Name of University

CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 2
Issues
One of the issues was whether Jason can claim that Chong has waived his right to
protection under Consumer Law by signing the purchase agreement.
Rules
According to provisions of the consumer law if a supplier induces a consumer to waive
his rights he is considered to have committed an offence which is punishable with penalties
(Competition and Consumer Act 2010- Schedule 2 (Cth) s 90).
Application
In the instant case the defendant took signature of the plaintiff on the waiver agreement
by mean of fraud as he knew that the latter has difficulty in understanding English language.
The general law regarding an agreement is that the court will presume that the parties have
signed the contract only after reading it and they have a clear understanding of the terms of the
contract. The court still has a discretion with regard to special cases where if the court finds any
ambiguity with regard to the conduct of either of the party the court may take actions
accordingly. The defendant committed a breach of law by not telling the plaintiff about the
waiver clause. Further no person can in any case exclude the right of his counterpart to enforce
his right in a court.
Conclusion
The defendant in the instant case cannot take the plea that the plaintiff has waived his
right to approach court as it will altogether frustrate the purpose of the consumer law.

CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 3
Reference List
Competition and Consumer Act 2010- Schedule 2 (Cth).