Business Law Report: Australian Consumer Law and Roberta's Case

This report delves into a business law case concerning Roberta, who purchased faulty goods from Plaza and Myers Stored Ltd. The analysis centers on the application of the Australian Consumer Law (ACL), specifically addressing whether the transactions fall under its purview. The report meticulously examines implied guarantees, identifying breaches by the store, such as providing a broken-heeled shoe, a popcorn maker instead of a pasta maker, and a damaged turntable needle. It then details the remedies available to Roberta under the ACL, including potential refunds, replacements, and compensation for damages. Furthermore, the report analyzes the legal effect of Roberta's receipts, concluding with a discussion of the implications of the ACL on the case. The report emphasizes consumer protection, supplier obligations, and the significance of guarantees in ensuring fair business practices.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY..................................................................................................................................1
1. Does the transaction fall within the operations of the Australian Consumer Law..................1
2. Implied guarantees which argue by Roberta to breached by Plaza and Myers Stored Ltd.....1
3. Remedies through Roberta claim in relation to any breaches ACL........................................5
4. Statement of each Roberta's receipts for the purchases any legal effect and find effect.........6
CONCLUSION................................................................................................................................7
REFERENCES 58595.....................................................................................................................8

INTRODUCTION
Business law consider different rules, regulations and norms as well. All these aspects
help to solve issues and problems of the business with includes solutions. Furthermore, it helps
to maintain business ethics and follow authentic activities in the country. Present report based on
the case of Roberta who face issues after bought goods from Plaza and Myers Stored Ltd. In
respect to focus on the solution, report analyses transaction fall within the operations in
Australian Consumer Law. Furthermore, solution is provided with making effectiveness in
relation with contract.
MAIN BODY
1. Does the transaction fall within the operations of the Australian Consumer Law
Yes, transaction of the present case study fall within the operations of Australian
Consumer Law. In this aspect, Roberta need to be protected through consumer rights when she
bought goods and services. This is because there was no product safety. There were unfair
business practices so that it creates misleading and deceptive conduct which is represented as
offence. Information standards and country origin with proper labelling on the contract of law.
When Roberta bought shoe, heel was broken so that it can be stated that there if no qualitative
material has been used. Furthermore, for her mother she bought pasta maker but unfortunately,
she got popcorn maker (John Gleeson, 2014). It is another mistake done by Plaza and Myers
store. Therefore, different trade practices consider towards the goods. Apart from this, she
bought turntable sound for boyfriend in which needle get hurt George. Australian competition
and consumer commission determines in respect to the services.
Consumer protection provision in Australian Securities and Investment commission Act
2001. In relation to the financial products and services, goods and services consider different
laws and regulations as well. Furthermore, there is different consumer protection provision in
ACL mirrored to follow rules and regulations as well. In relation with the final products and
services, Australian Securities and Investment commission responsible to enforcing the ASIC
act.
2. Implied guarantees which argue by Roberta to breached by Plaza and Myers Stored Ltd.
Suppliers and manufacturer always provide some guarantees on the goods which they
sold. Therefore, buyers have right to get warranty that provided by suppliers or manufacturer. In
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the present case of Roberta, guarantees applied for goods which purchased by her are defines as
follows:
 Goods exist on acceptable quality
 Goods need to match with description
 Express warranties
Apart from this, suppliers guarantees defines in the following consideration which
essentially provided to the customers:
 Add clear title
 Not undisclosed securities
 Fit for the disclosed purposes
 Right to undistributed possession
 Match with sample and demonstration model as well.
 Manufacturer guarantees available on the spare parts for auctioned goods.
When the above guarantees does not consider meet with the consumer rights, it is
important to look towards the Roberta. In some cases, manufacturer needs to provide some
remedy towards the goods which bought by her for mother, boyfriend and herself as well. In
addition to this, Plaza and Myers store Ltd. need to meet with their guarantees that included
following consideration:
 Repair, replacement and refund
 Cancellation of services
 Compensation for damages and losses
When Plaza and Myers fails to meet with the guarantees, consumer entitles to recover
damages. In this way, additional damages occurs because reasonably foreseeable and
consequential loss. Roberta can contact with the consumer protection agencies. It can take
actions on behalf of her. This is because store not meet with the obligations and consumer
guarantees as well. In this term, generally goods and services covered in the guarantees when it
is sold in the trade or commerce and purchased by consumer. In the trade and commerce,
supplier manufacturer consider professional activities with guarantees for title, undistributed
possession, etc. These elements included for trade and commerce (Keogh, Newton and Bismark,
2016). In this way, Roberta consider their functions through bought products from Plaza and
Myers. She total spend money around $390.00. These goods are covered under the Trade
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Practices Act 1974 and implement state and territory legislation in force. According to the law,
suppliers need to take proper careful consideration to protect consumer rights. Suppliers of the
Plaza and Myers need to concentrate and careful attain sign and advertisement with the other
documents as well. With the help of trade label, trade consist consumer guarantees. Suppliers of
the business need to cover consumer guarantees such as particular effect may be excluded and
does not exist (Lucas, Cunningham and Lamberton, 2013). Consumers also unable to surrender
their rights through agreeing guarantees that are not applied. Maximum civil penalties false and
misleading information for the existence.
Although, there are around 9 guarantees which could be applied for the goods so that
suppliers need to consider certain circumstances with manufacturers as well. They are as follows:
 With the help of the suppliers and manufacturer guarantees, goods are acceptable on the
quality which sold to Roberta.
 Suppliers also need to add proper description of goods so that accurate information could
be present in the list.
 Plaza and Myers need to make proper promise and express warranties to satisfy demand
and requirement.
 Suppliers guarantees need to ascertained with reasonably fit to complete the purpose of
consumer that specified by supplier.
 In the sample, it must be describe with demonstrate model and description as well.
 Suppliers need to sell their goods and services with altered limited title on the goods.
 Further, supplier need to take reposes to take back goods which prevent with consumer
using the goods (Goh, Nguyen and Law, 2017).
 Supplier guarantees also consider with free of any hidden securities that remains with the
certain circumstances.
 Manufacturers and importers need to take guarantees which take through responsibilities
and facilities as well.
Plaza and Myers need to set certain standards on which goods and services will be
develop and acceptable on the quality. In addition to this, test is also consider on goods are
acceptable when reasonable consumer exist. Roberta unable to put their efforts towards
qualitative products and services. Dancing shoes, Pasta maker and turntable are not in qualitative
so that it is important to remove defects in the business (Halliday and Shaffer, 2015). In addition
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to this, Roberta has also some faults because, she has not checked products after buying. It
represents that she is also needed to focus on the long aspects of the range in packaging and
show special function. Furthermore, suppliers and manufacturer of the goods need to give proper
guarantees with description of goods so that it will help to make remedy for particular goods and
services. Due to problem with lack of accurate information, goods are not considered proper
auction so that consumer buying the products are not match with the description. Suppliers and
manufacturer not argued that consumer inspected goods before purchase and picked up the errors
in the description. Plaza and Myers guarantees make promises with express warranties that are
made on things with its quality, state and conditions as well. Purpose of Roberta does not fulfil
so that it create impact on the remedy which applied in the system (Keogh, Newton and Bismark,
2016).
Under the different circumstances, it can be stated that suppliers are rarely made
judgement in respect to buy goods and services. Under the different circumstances, consumers
relied on the skills and judgement. In addition to this, suppliers guarantees also need to
implement with goods and model applied as sample. It demonstrates that description provided on
the particular product and services. Sample of fabric also disclosed which assists to delivered
rights in systematic manner as well. Plaza and Myers need to ensure that there is no hidden
defects exist in product and services. Therefore, it is noticeable that some people are properly
looking towards the demonstration model (Cains, Lilly and Doggett, 2018). Consumer need to
give reasonable amount of time and compare with the goods and other original sample as well.
On the basis of model, it makes sure that the organisation can complete their functions and allow
to consumer to compare it with couch supplied.
Guarantees in the ACL are not excluded in term of the contract. Therefore, it considers
between the suppliers and consumer as well. Supplier of goods and services cannot avoid term of
contract which comply guarantees with limits suppliers liability. Australian consumer need to
contract with convention on International sale of goods. It is related with the supply of goods
which examined in detail terms and conditions (Ali, Sales and Khalid, 2017). It is important to
make changes in common law. Implied guarantees consider match description with the sales
person on packaging and labels. It helps to create proper promotion and advertisement with
model as well. Sample also designed which fit with the purpose in business. Full title and
ownership helps to make sure that hidden debts are considered which has not extra charges.
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Come up with the undistributed possession also helps to take right goods which prevent from
using. In addition to this, extra promises also made about the performance, conditions and
quality. Hence, guarantees made with money back offers. It helps to create proper facilities that
are available for reasonable time after purchase. In the present case study, consumer guarantees
consider with products and services that apply to bundle of activities to make proper proof of
purchase (Douglas, Hall and Gartner, 2015). On sale items, it helps to describe systematic results
with online products and services that are bought from Australian businesses.
3. Remedies through Roberta claim in relation to any breaches ACL
In respect to deal with the Australian Consumer Law, competition and Consumer Act
2010 consider which previously known as Trade practices 1974. Under the new law of ACL,
consumers have several benefits with statutory for breach of consumer guarantees. Instead of
relying on breach of contract, claim need to do on old provision of TPA (Douglas and Bath,
2017). Therefore, for Roberta guarantees included for major consideration in the relevant goods
which she bought from Plaza and Myers. Due to failure of products and services, relevant goods
not get by the customer. Major failures occur in term of following consideration:
 Would not acquired by a reasonable consumer that fully acquainted with nature and
extent of the failure.
 Substantially, unfit and disclosed purposes cannot easily remedied with reasonable time
that make fit for purpose. Depart significantly from purpose, description, sample, etc.
consider in the model.
 When purpose not fit, it cannot be disclose to the suppliers
 Unsafe of services creates major impact on the situations.
Non-major failures comply with the defect in goods which cannot be remedied. In the
present case, there are all products failures. Therefore, it is important to breach the amount
towards the major failures and defects of goods cannot be remedied. In accordance with the
election made, Roberta need to get money back or replace goods by the organisation. Therefore,
it will assist to look towards the new ACL. In addition to this, whether failure is major concern
for the which entitled to recover the suppliers' loss and damage by the consumer. It was
reasonably foreseeable which get by consumer to suffer such loss and damage. Price is less than
$40000 so that it could be acquires from the general protection and consider effective
functioning in this way as well (Morse and Deutsch, 2016).
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Along with this, ACL prohibits certain false and misleading representation with supply of
unsolicited goods and services. It also considers participating pyramid scheme which involve
display of prices, referral selling, etc. In order to deal with Roberta, Plaza and Myers need to
implement regulatory framework which assists to make safety standards to issue the products
and services. It helps to recall consumer goods with similar conditions and mandatory reporting
in particular situations. Product safety Australia also developed that provided to consumer and
business. Therefore, access also gain to regulatory information that concern with safety of
products and services as well. ACL allows set statutory rules and regulations to deal with the
liability and claims. It includes economic loss which caused with safety defects. On the behalf of
consenting individual, actions are taken to recover the suffered loss (Smith, 2015). Following are
certain regulations made in this aspect which considered with the goods and services of Plaza
and Myers:
 Prescribed requirement for asserting right to payment
 Agreements which unsolicited consumer agreements
 Requirements and warranties against defects and repairs notices
 Reporting requirement for goods and products also related with the associated ACL.
4. Statement of each Roberta's receipts for the purchases any legal effect and find effect
In the present case study, it has been seen that there are certain exceptions to guarantees
to make simply changes with find legal effect. Roberta getting all products defects so that it
create impact on her and she demotivated by these elements. Dancing shoes get break heels so
that this damage not consider in warranties. Therefore, it requires replacement. In addition to
this, possession of goods also need to take with undistributed and extra charges so that there are
different laws apply with insurance and financial services. Products and services are not bought
on the basis of any refundable and exchange. Hence, Roberta requires make their consideration
with court to solve her issue and problem as well. In respect to look towards her mother gift,
Plaza and Myers got mistake with the packaging. There is wrongly product placed instead of
Pasta maker. Therefore, it is important replace with right product so that legal consideration not
occurs (Keogh, Gordon and Marinovic, 2018).
In addition to this, it is important to look towards the re-supply and make proper
functioning at workplace. It will help to focus on the proper consideration and attain desired
results in the business environment. Auction acted with the agent so that it is essential to look
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towards the rights to full title. Undistributed possession and unknown debts on products and
services need to buy so that effectiveness could be maintained in systematic manner. Rules are
also set with apply goods and services that purchased in term of consumer under the ACL. In
certain circumstances, Roberta need to set certain circumstances in which consumer need to
develop possession and consider extra activities with the financial services. It will help to create
proper services and development of products in systematic manner. Furthermore, Plaza and
Myers need to concentrate on the some extra benefits through they can maintain loyalty of
Roberta towards the business (Bourke and Lucadou-Wells, 2015).
CONCLUSION
In order to focus on the present report, it is based on the business law of Australian company
law. In respect to consider focus on the case study, it determines problems that face by Roberta
during its purchasing from Plaza and Myers. Furthermore, it helps to analysis the issues and
problems that could be occur in the enterprise to deal with different customers. In respect to
make proper outcomes and results, it develop systematic work performances in the business
environment.
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