CLWM4000 Business & Corporations Law Assignment

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Case Study
AI Summary
This assignment analyzes a case under the Australian Consumer Law, focusing on whether the plaintiff, Chong, qualifies as a consumer based on his purchase of a truck for his construction business. It discusses relevant legal definitions and concludes that Chong is indeed a consumer entitled to legal protections.
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Running Head: CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT
Assignment on Business and Corporations Law
Name of Student
Name of University
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CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 2
Issues
One of the key issues in the case was whether Chong falls under the definition of
‘consumer’ under the Australian Consumer Law.
Rules
According to provisions of the Australian Consumer Law a consumer is defined as a
person who has purchased a vehicle or a trailer which is chiefly used for carriage of goods on
roads (Competition and Consumer Act 2010- Schedule 2 (Cth) s 3(1)(c)). This provision is in
furtherance of section 4B of the Competition and Consumer Act.
Application
In the instant case Chong bought a six- wheel Hino Tipper truck from Jason, the
defendant, for the purpose of his construction business. The said truck is mainly used for the
purpose of transportation of goods. The plaintiff was using the truck for the purpose of
transporting goods of his construction business. Therefore as per the definition of consumer that
has been provided under the Act the plaintiff falls within the definition and has thereby locus
standi to file a suit in that capacity.
Conclusion
Therefore as per the observations made above it can be concluded that the plaintiff is a
consumer under the definition given in the Australian Consumer Law and therefore is covered
under the protection that has been provided for the consumers in the said law.
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CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 3
Reference List
Competition and Consumer Act 2010- Schedule 2 (Cth).
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