University: CLWM4000 Business and Corporations Law Assignment Analysis

This report provides an analysis of a Business and Corporations Law assignment, focusing on a case involving a breach of the Australian Consumer Law. The report examines the defendant's actions in advertising an old truck as new and the legal implications of this misrepresentation. It highlights the relevant provisions of the Competition and Consumer Act 2010, specifically section 18, which prohibits misleading or deceptive conduct. The analysis concludes that the defendant's actions constitute a breach of law, leading to potential pecuniary penalties. The report also references the Competition and Consumer Act 2010- Schedule 2 (Cth) as the legal basis for the analysis.

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

CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 2
Issues
One of the key issues of the case is whether the defendant committed any breach of any
law by advertising an old truck as a new one.
Rules
According to provisions of the Australian Consumer Law a person should not make
deceitful or deceptive representation about the goods that they are new. Any such
misrepresentation invites penalty of pecuniary nature. The law prohibits a person from engaging
in an act which has effects of misleading or deceptive nature (Competition and Consumer Act
2010- Schedule 2 (Cth) s 18).
Application
In this case the defendant made a breach of the provisions of the Competition and
Consumer Act as even after having knowledge of the fact that the truck had oil leakages he
induced Chong that the truck was almost new and was in a perfect condition and had no
mechanical fault. The defendant here made a misrepresentation to the plaintiff by showing him
goods of defective nature as a brand new product having no fault of technical or physical nature.
The conduct of the defendant was also in contravention of section 18 of the Australian
Consumer Law as he presented his product in a way that was misleading the plaintiff.
Conclusion
Therefore, it can be concluded in this case that the defendant has committed breach of
law by advertising an old truck as a brand new one even after having the knowledge that the
goods had faults of technical nature. This conduct of the defendant makes him liable for penalty
of pecuniary nature.

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