Business Law Assignment SP2 2018: Consumer Law and Property Law
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Homework Assignment
AI Summary
This Business Law assignment addresses two key areas: deceptive and misleading conduct under the Australian Consumer Law and property leasing regulations in South Australia. The assignment begins with a scenario involving a marketing campaign for a vegan hair dye, analyzing the potential for misleading consumers through advertising claims and promotional events. It examines the relevant provisions of the Australian Consumer Law (ACL), focusing on the definition of deceptive conduct, the intent to mislead, and the role of the Australian Competition and Consumer Commission (ACCC). The second part of the assignment delves into the legal aspects of leasing, outlining the relevant legislation in South Australia, including the Retail and Commercial Leases Act 1995. It covers essential lease terms, rent increase regulations, and the responsibilities of both lessees and lessors concerning expenses, outgoings, and repairs. The assignment provides a comprehensive overview of the legal framework surrounding consumer protection and property law in a business context.

Running head: Business Law Assignment
Business Law Assignment
Business Law Assignment
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Business Law Assignment 1
Contents
QUESTION 1 – DECEPTIVE AND MISLEADING CONDUCT..............................................................2
Answer to Q1...........................................................................................................................................2
Group or Groups Are Targeted In the Advertisement..............................................................................2
Answer to Q2...........................................................................................................................................2
Are they likely to believe the claims? Why or why not?.........................................................................2
Answer to Q3...........................................................................................................................................2
Description of the conduct of the South Australian Consumer Law........................................................2
Answer to Q4...........................................................................................................................................3
Is it likely to mislead? Why or why not?.................................................................................................3
Answer to Q5...........................................................................................................................................3
Relevant Law and Case Law That May Be Applied on the case study....................................................3
Answer to Q6...........................................................................................................................................4
Government Authority Regulating the Conduct and advice provided by them........................................4
QUESTION 2 – LEASING (PROPERTY).................................................................................................5
Answer to Q1...........................................................................................................................................5
Relevant Legislation in South Australia..................................................................................................5
Answer to Q2...........................................................................................................................................5
Three Express Terms That Would Be Included In This Lease Agreement..............................................5
Answer to Q3...........................................................................................................................................6
Legislation about Rent Increases.............................................................................................................6
Answer to Q4...........................................................................................................................................6
Expenses and outgoings payable by a lessee and his accountability for their payment............................6
Answer to Q5...........................................................................................................................................7
The responsibility of a landlord for the repairs........................................................................................7
Answer to Q6...........................................................................................................................................7
The responsibility of a tenant for the repairs...........................................................................................7
References...................................................................................................................................................8
Contents
QUESTION 1 – DECEPTIVE AND MISLEADING CONDUCT..............................................................2
Answer to Q1...........................................................................................................................................2
Group or Groups Are Targeted In the Advertisement..............................................................................2
Answer to Q2...........................................................................................................................................2
Are they likely to believe the claims? Why or why not?.........................................................................2
Answer to Q3...........................................................................................................................................2
Description of the conduct of the South Australian Consumer Law........................................................2
Answer to Q4...........................................................................................................................................3
Is it likely to mislead? Why or why not?.................................................................................................3
Answer to Q5...........................................................................................................................................3
Relevant Law and Case Law That May Be Applied on the case study....................................................3
Answer to Q6...........................................................................................................................................4
Government Authority Regulating the Conduct and advice provided by them........................................4
QUESTION 2 – LEASING (PROPERTY).................................................................................................5
Answer to Q1...........................................................................................................................................5
Relevant Legislation in South Australia..................................................................................................5
Answer to Q2...........................................................................................................................................5
Three Express Terms That Would Be Included In This Lease Agreement..............................................5
Answer to Q3...........................................................................................................................................6
Legislation about Rent Increases.............................................................................................................6
Answer to Q4...........................................................................................................................................6
Expenses and outgoings payable by a lessee and his accountability for their payment............................6
Answer to Q5...........................................................................................................................................7
The responsibility of a landlord for the repairs........................................................................................7
Answer to Q6...........................................................................................................................................7
The responsibility of a tenant for the repairs...........................................................................................7
References...................................................................................................................................................8

Business Law Assignment 2
QUESTION 1 – DECEPTIVE AND MISLEADING CONDUCT
Answer to Q1
Group or Groups Are Targeted In the Advertisement
The consumer market targeted in the commercial is the young people resigning in South
Australia. They are the self-dependent, unmarried and college educated city dwellers who are
between the age of 20 and 35. They live in rented apartments and have jobs in social service or
creative fields.
Youth is selected as the target market as they are more inclined towards environmental issues.
They are highly educated and aware of the rights of animals. Also, they are less price sensitive as
compared to others as they are willing to spend more on the products which they value the most
and companies which they support.
Answer to Q2
Are they likely to believe the claims? Why or why not?
The youth will consider the declaration which says that the vegan hair dye is only made of beet
juice and it has been sold at a reduced price of $5.00 for a limited period. They would be
prompted to purchase the product by viewing at it’s the features and the reduced price.
Researches show that eight out of ten people only read the taglines or headlines of the products
without viewing its actual contents (Asrar, Hussain and Ahmed, 2017).
Answer to Q3
Description of the conduct of the South Australian Consumer Law
As per the Commonwealth of Australia (2010) the code of conduct is formulated by the
Australian Consumer Law (ACL) which is consumer law applicable to each territory and state of
the country. It comprises of the code of conduct regarding the fulfillment of the guarantees given
to the consumers regarding the problems faced by the consumers with the goods or services and
refunds.
QUESTION 1 – DECEPTIVE AND MISLEADING CONDUCT
Answer to Q1
Group or Groups Are Targeted In the Advertisement
The consumer market targeted in the commercial is the young people resigning in South
Australia. They are the self-dependent, unmarried and college educated city dwellers who are
between the age of 20 and 35. They live in rented apartments and have jobs in social service or
creative fields.
Youth is selected as the target market as they are more inclined towards environmental issues.
They are highly educated and aware of the rights of animals. Also, they are less price sensitive as
compared to others as they are willing to spend more on the products which they value the most
and companies which they support.
Answer to Q2
Are they likely to believe the claims? Why or why not?
The youth will consider the declaration which says that the vegan hair dye is only made of beet
juice and it has been sold at a reduced price of $5.00 for a limited period. They would be
prompted to purchase the product by viewing at it’s the features and the reduced price.
Researches show that eight out of ten people only read the taglines or headlines of the products
without viewing its actual contents (Asrar, Hussain and Ahmed, 2017).
Answer to Q3
Description of the conduct of the South Australian Consumer Law
As per the Commonwealth of Australia (2010) the code of conduct is formulated by the
Australian Consumer Law (ACL) which is consumer law applicable to each territory and state of
the country. It comprises of the code of conduct regarding the fulfillment of the guarantees given
to the consumers regarding the problems faced by the consumers with the goods or services and
refunds.
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Business Law Assignment 3
It also covers the provisions regarding the safety of the products and displaying the safety
warning notices and the essential requirements of reporting. The unfair business practices
comprising of misleading or deceptive conduct and representations and unfair contract terms are
also assimilated in the code of conduct.
Conduct comprises of advertisements, quotations, promotions and statements made by a person
who conducts the business. While deciding whether the conduct is misleading or deceptive, it is
to be discovered that the overall impression which is created by the conduct is inappropriate or
false.
Answer to Q4
Is it likely to mislead? Why or why not?
The consumers are likely to be misled as firstly, the product is made up of only 10 % of the beet
juice and other natural products and to ensure that the color is retained, 30% is made up of
artificial chemicals. Secondly, at the promotion event, only 3 chairs are there in the salon while
the number of participants is 200. So, only 3 of them would be able to experience the quality of
the product while others would just be misled by viewing the label of the products which says
that the hair dye is made up of our totally organic 'vegan’ product (Barve et al.,2015).
Answer to Q5
Relevant Law and Case Law That May Be Applied on the case study
As per Legal Service Commission of Australia (2013) the Australian Consumer Law
[Competition and Consumer Act 2010 (C th) Schedule 2s 18] restricts the conduct which is
ambiguous and deceiving or is intended to do that. For the purpose of analyzing if the conduct is
misleading, the courts have assessed that the proof of intent to deceive is not needed and to
establish the actual deception is not necessitated. The main factor is the capability or propensity
to mislead the consumers.
As it was held in ACCC v Reckitt Benckiser (Australia) Pty Ltd, it was held that a person must
not involve in misleading and deceptive conduct in trade and commerce (Bowlt Commercial
Lawyers Pty Ltd, 2018).
It also covers the provisions regarding the safety of the products and displaying the safety
warning notices and the essential requirements of reporting. The unfair business practices
comprising of misleading or deceptive conduct and representations and unfair contract terms are
also assimilated in the code of conduct.
Conduct comprises of advertisements, quotations, promotions and statements made by a person
who conducts the business. While deciding whether the conduct is misleading or deceptive, it is
to be discovered that the overall impression which is created by the conduct is inappropriate or
false.
Answer to Q4
Is it likely to mislead? Why or why not?
The consumers are likely to be misled as firstly, the product is made up of only 10 % of the beet
juice and other natural products and to ensure that the color is retained, 30% is made up of
artificial chemicals. Secondly, at the promotion event, only 3 chairs are there in the salon while
the number of participants is 200. So, only 3 of them would be able to experience the quality of
the product while others would just be misled by viewing the label of the products which says
that the hair dye is made up of our totally organic 'vegan’ product (Barve et al.,2015).
Answer to Q5
Relevant Law and Case Law That May Be Applied on the case study
As per Legal Service Commission of Australia (2013) the Australian Consumer Law
[Competition and Consumer Act 2010 (C th) Schedule 2s 18] restricts the conduct which is
ambiguous and deceiving or is intended to do that. For the purpose of analyzing if the conduct is
misleading, the courts have assessed that the proof of intent to deceive is not needed and to
establish the actual deception is not necessitated. The main factor is the capability or propensity
to mislead the consumers.
As it was held in ACCC v Reckitt Benckiser (Australia) Pty Ltd, it was held that a person must
not involve in misleading and deceptive conduct in trade and commerce (Bowlt Commercial
Lawyers Pty Ltd, 2018).
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Business Law Assignment 4
Answer to Q6
Government Authority Regulating the Conduct and advice provided by them
The Australian Competition and Consumer Commission (ACCC) is a constitutional authority
which administers the Competition and Consumer Act 2010 along with a variety of additional
provisions thereby promoting competition, fair trading and administrating the national
infrastructure for the benefit of the citizens of Australia.
Its role is to enhance the prosperity and wellbeing of the consumers of Australia. It safeguards,
empowers and supplements the way in which competition works in the markets of Australia and
contribute to increasing the efficiency of the markets of Australia. The Competition Commission
advice the businessmen to be honest and comply with the regulations of competition, fair trading
and to avoid deceptive and misleading promotions of their products.
Answer to Q6
Government Authority Regulating the Conduct and advice provided by them
The Australian Competition and Consumer Commission (ACCC) is a constitutional authority
which administers the Competition and Consumer Act 2010 along with a variety of additional
provisions thereby promoting competition, fair trading and administrating the national
infrastructure for the benefit of the citizens of Australia.
Its role is to enhance the prosperity and wellbeing of the consumers of Australia. It safeguards,
empowers and supplements the way in which competition works in the markets of Australia and
contribute to increasing the efficiency of the markets of Australia. The Competition Commission
advice the businessmen to be honest and comply with the regulations of competition, fair trading
and to avoid deceptive and misleading promotions of their products.

Business Law Assignment 5
QUESTION 2 – LEASING (PROPERTY)
Answer to Q1
Relevant Legislation in South Australia
The lease arrangements in South Australia are regulated by the Retail and Commercial Leases
Act 1995. It applies to the retail shops. A written lease agreement must comprise of the name and
address of the landlord. It should be signed by both the parties i.e. tenant and landlord. The
names of all the lessees must also be mentioned in the agreement. The address of the premises
and the amount of rent to be paid should also be written in the agreement.
The duration of the lease agreement and the party who shall pay for the expenses of water and
electricity shall be clearly mentioned in the agreement. If anything is excluded from the
agreement, it shall also be mentioned in it. Any other additional regulations about the payment or
lease shall also be included in the agreement. Lastly, the date of its applicability and preparation
should also be mentioned with the signatures of both the parties (Government of South Australia,
2017).
Answer to Q2
Three Express Terms That Would Be Included In This Lease Agreement
1. The amount of rent payable, how often it is to be paid and the method of payment must
be specifically mentioned in the agreement. If the amount of rent exceeds $400000 per annum on
a retail shop then there is no applicability of the act per Section 4(2)(a) of Retail and Commercial
Leases Act 1995.
2. The agreement regarding the responsibility to pay for the rates and expenses of water
supply shall be mentioned in the agreement. The lessee shall be liable to pay the charges related
to water and sewage (South Australia: Retail and Commercial Leases Regulations 2010, 2011).
3. The third term would be the responsibility for insurance of the premises and the contents. In
this case, the responsibility would be upon the lessee to pay for all these expenses.
QUESTION 2 – LEASING (PROPERTY)
Answer to Q1
Relevant Legislation in South Australia
The lease arrangements in South Australia are regulated by the Retail and Commercial Leases
Act 1995. It applies to the retail shops. A written lease agreement must comprise of the name and
address of the landlord. It should be signed by both the parties i.e. tenant and landlord. The
names of all the lessees must also be mentioned in the agreement. The address of the premises
and the amount of rent to be paid should also be written in the agreement.
The duration of the lease agreement and the party who shall pay for the expenses of water and
electricity shall be clearly mentioned in the agreement. If anything is excluded from the
agreement, it shall also be mentioned in it. Any other additional regulations about the payment or
lease shall also be included in the agreement. Lastly, the date of its applicability and preparation
should also be mentioned with the signatures of both the parties (Government of South Australia,
2017).
Answer to Q2
Three Express Terms That Would Be Included In This Lease Agreement
1. The amount of rent payable, how often it is to be paid and the method of payment must
be specifically mentioned in the agreement. If the amount of rent exceeds $400000 per annum on
a retail shop then there is no applicability of the act per Section 4(2)(a) of Retail and Commercial
Leases Act 1995.
2. The agreement regarding the responsibility to pay for the rates and expenses of water
supply shall be mentioned in the agreement. The lessee shall be liable to pay the charges related
to water and sewage (South Australia: Retail and Commercial Leases Regulations 2010, 2011).
3. The third term would be the responsibility for insurance of the premises and the contents. In
this case, the responsibility would be upon the lessee to pay for all these expenses.
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Business Law Assignment 6
Answer to Q3
Legislation about Rent Increases
As per Mark Sallies and Crawford Legal (2012), the lessor must not change the base rent for the
period of 12 months after the lease is entered into. If there is an increase in the rent during the
last 12 months, then the base rent may not be increased in that particular period. However, it
does not prevent the lessor to increase the rent up to the current market rent by $100 every 6
months.
At least two years have elapsed if the rent under the security bond has been increased. In that
case , the lessor is required to write a notice to the lessee for the increase of the amount. The
amount can be increased but it should not be exceeded for more than four weeks rent under the
agreement.
Answer to Q4
Expenses and outgoings payable by a lessee and his accountability for their payment
The major expense payable by a lessee is those in association with preparation, registration and
stamping of the lease of the retail shop which is called the preparatory costs. However, the lessee
is not liable to pay the amount unless he is provided with a copy of the account which is given to
the lessor for incurring the expenses.
It also comprises of the fees which are charged by a mortgagee for showing the certificate of title
for the building over which the salon is to be registered or for agreeing for the lease. The amount
paid to the lawyer of the lessor shall also be reimbursed from the lessee. The liability of the
lessee shall not in excess to one half of the other preparatory costs and the actual amount of
stamp duty and fees payable for registering the lease (South Australian Small Business
Commissioner, 2018).
Answer to Q3
Legislation about Rent Increases
As per Mark Sallies and Crawford Legal (2012), the lessor must not change the base rent for the
period of 12 months after the lease is entered into. If there is an increase in the rent during the
last 12 months, then the base rent may not be increased in that particular period. However, it
does not prevent the lessor to increase the rent up to the current market rent by $100 every 6
months.
At least two years have elapsed if the rent under the security bond has been increased. In that
case , the lessor is required to write a notice to the lessee for the increase of the amount. The
amount can be increased but it should not be exceeded for more than four weeks rent under the
agreement.
Answer to Q4
Expenses and outgoings payable by a lessee and his accountability for their payment
The major expense payable by a lessee is those in association with preparation, registration and
stamping of the lease of the retail shop which is called the preparatory costs. However, the lessee
is not liable to pay the amount unless he is provided with a copy of the account which is given to
the lessor for incurring the expenses.
It also comprises of the fees which are charged by a mortgagee for showing the certificate of title
for the building over which the salon is to be registered or for agreeing for the lease. The amount
paid to the lawyer of the lessor shall also be reimbursed from the lessee. The liability of the
lessee shall not in excess to one half of the other preparatory costs and the actual amount of
stamp duty and fees payable for registering the lease (South Australian Small Business
Commissioner, 2018).
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Business Law Assignment 7
Answer to Q5
The responsibility of a landlord for the repairs
The landlord is accountable for repairs of the major wear and tear of the building including the
roof and the building systems which are contained in the common areas used by both the lessee
and the landlord. Though these are not mentioned in the lease agreement the landlord is liable for
their repairing and maintenance (Focus Legal, 2017).
Answer to Q6
The responsibility of a tenant for the repairs
With regards to the commercial leases, the tenant is accountable for the maintenance of the
rented premises comprising of walls, fixtures and floors which the landlord requires the tenant to
maintain and repair throughout the term of the lease.
However, the provisions regarding the repair and maintenance of furniture, plant and equipment,
refrigerator and air conditioners which are used by the tenant in the routine life should be
specifically provided in the lease agreement (Moss, 2016).
Answer to Q5
The responsibility of a landlord for the repairs
The landlord is accountable for repairs of the major wear and tear of the building including the
roof and the building systems which are contained in the common areas used by both the lessee
and the landlord. Though these are not mentioned in the lease agreement the landlord is liable for
their repairing and maintenance (Focus Legal, 2017).
Answer to Q6
The responsibility of a tenant for the repairs
With regards to the commercial leases, the tenant is accountable for the maintenance of the
rented premises comprising of walls, fixtures and floors which the landlord requires the tenant to
maintain and repair throughout the term of the lease.
However, the provisions regarding the repair and maintenance of furniture, plant and equipment,
refrigerator and air conditioners which are used by the tenant in the routine life should be
specifically provided in the lease agreement (Moss, 2016).

Business Law Assignment 8
References
Asrar, Z., Hussain, M. and Ahmed, S.(2017) Effect of TV Commercials on Youth Consumer
Behavior. Advances in Social Sciences Research Journal, 4(20).pp. 50-57.
Barve, G., Sood, A., Nithya, S. and Virmani, T.( 2015) Effects of advertising on youth (age
group of 13-19 years age). J Mass Communicat Journalism. 5(260), p.2.
Bowlt Commercial Lawyers Pty Ltd(2018). A "Painful" Case of Misleading or Deceptive
Conduct [online] Available from: https://www.bowltlawyers.com.au/news/a-quotpainfulquot-
case-of-misleading-or-deceptive-conduct_111s32 [Accessed 30th July, 2018].
Commonwealth of Australia (2010) Compliance and enforcement :How regulators enforce the
Australian Consumer Law [online] Available from:
http://consumerlaw.gov.au/files/2015/06/compliance_enforcement_guide.pdf [Accessed 30th
July, 2018].
Focus Legal(2017) Commercial leases - Responsibility for repairs and maintenance [online]
Available from: http://www.focuslegal.com.au/lawyer-chatswood/commercial-leases-
responsibility-for-repairs-and-maintenance [Accessed 31st July, 2018].
Government of South Australia (2017) Lease agreements explained[online] Available from:
https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/lease-agreements-
explained [Accessed 30th July, 2018].
Legal Service Commission of Australia (2013). Misleading or deceptive conduct. [online]
Available from: https://www.lawhandbook.sa.gov.au/ch10s03s03s01.php [Accessed 30th July,
2018].
Mark Sallies and Crawford Legal(2012) Tenant’s Rights In The Retail And Commercial Leases
Act (S.A.) – Part 1 [online] Available from: http://www.crawfordlegal.com.au/files/COM005.pdf
[Accessed 30th July, 2018].
References
Asrar, Z., Hussain, M. and Ahmed, S.(2017) Effect of TV Commercials on Youth Consumer
Behavior. Advances in Social Sciences Research Journal, 4(20).pp. 50-57.
Barve, G., Sood, A., Nithya, S. and Virmani, T.( 2015) Effects of advertising on youth (age
group of 13-19 years age). J Mass Communicat Journalism. 5(260), p.2.
Bowlt Commercial Lawyers Pty Ltd(2018). A "Painful" Case of Misleading or Deceptive
Conduct [online] Available from: https://www.bowltlawyers.com.au/news/a-quotpainfulquot-
case-of-misleading-or-deceptive-conduct_111s32 [Accessed 30th July, 2018].
Commonwealth of Australia (2010) Compliance and enforcement :How regulators enforce the
Australian Consumer Law [online] Available from:
http://consumerlaw.gov.au/files/2015/06/compliance_enforcement_guide.pdf [Accessed 30th
July, 2018].
Focus Legal(2017) Commercial leases - Responsibility for repairs and maintenance [online]
Available from: http://www.focuslegal.com.au/lawyer-chatswood/commercial-leases-
responsibility-for-repairs-and-maintenance [Accessed 31st July, 2018].
Government of South Australia (2017) Lease agreements explained[online] Available from:
https://www.sa.gov.au/topics/housing/renting-and-letting/renting-privately/lease-agreements-
explained [Accessed 30th July, 2018].
Legal Service Commission of Australia (2013). Misleading or deceptive conduct. [online]
Available from: https://www.lawhandbook.sa.gov.au/ch10s03s03s01.php [Accessed 30th July,
2018].
Mark Sallies and Crawford Legal(2012) Tenant’s Rights In The Retail And Commercial Leases
Act (S.A.) – Part 1 [online] Available from: http://www.crawfordlegal.com.au/files/COM005.pdf
[Accessed 30th July, 2018].
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Business Law Assignment 9
Moss, A.(2016) A Review of the Retail and Commercial Leases Act 1995 (SA) [online] Available
from: https://www.lga.sa.gov.au/webdata/resources/files/A%20Review%20of%20the%20Retail
%20and%20Commercial%20Leases%20Act.pdf [Accessed 31st July, 2018].
Pride, W.M. and Ferrell, O.C.(2015) Marketing 2016. Cengage Learning.
South Australia :Retail and Commercial Leases Regulations 2010(2011) Contents [online]
Available from: https://www.legislation.sa.gov.au/LZ/C/R/RETAIL%20AND
%20COMMERCIAL%20LEASES%20REGULATIONS%202010/CURRENT/
2010.199.UN.PDF [Accessed 30th July, 2018].
South Australian Small Business Commissioner(2018) Leasing Business Premises online]
Available from: https://www.sasbc.sa.gov.au/retail_leasing/leasing_business_premises
[Accessed 31st July, 2018].
Moss, A.(2016) A Review of the Retail and Commercial Leases Act 1995 (SA) [online] Available
from: https://www.lga.sa.gov.au/webdata/resources/files/A%20Review%20of%20the%20Retail
%20and%20Commercial%20Leases%20Act.pdf [Accessed 31st July, 2018].
Pride, W.M. and Ferrell, O.C.(2015) Marketing 2016. Cengage Learning.
South Australia :Retail and Commercial Leases Regulations 2010(2011) Contents [online]
Available from: https://www.legislation.sa.gov.au/LZ/C/R/RETAIL%20AND
%20COMMERCIAL%20LEASES%20REGULATIONS%202010/CURRENT/
2010.199.UN.PDF [Accessed 30th July, 2018].
South Australian Small Business Commissioner(2018) Leasing Business Premises online]
Available from: https://www.sasbc.sa.gov.au/retail_leasing/leasing_business_premises
[Accessed 31st July, 2018].
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