Commercial Law Assignment CX551001: Sales, CGA, FTA, Employment Law

This assignment delves into key areas of commercial law, providing a detailed analysis of the Sale of Goods Act 1908, the Consumer Guarantees Act 1993, and the Fair Trading Act 1986. It examines various scenarios involving the sale of goods, consumer rights, and fair trading practices, applying relevant legal principles to each case. Additionally, the assignment addresses employment law, specifically focusing on unfair dismissal and sexual harassment in the workplace, analyzing different cases in accordance with the Employment Relations Act 2000 and the Sex Discrimination Act 1984. The document explores the legal implications of each scenario, assessing the rights and responsibilities of the parties involved. The assignment covers a range of topics including contract law, consumer protection, and employment law, providing a comprehensive overview of commercial law principles.

Running head: COMMERCIAL LAW
Commercial Law
Name of the Student
Name of the University
Author Note

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Question 1 - Sale of Goods Act 1908
A.
The very sole objective for the Sale of Goods Act, 1908 is to keep track, monitor the
monetary transaction which initiates the sale process regarding the commodity. It states that
the one who sells the product has assurance regarding the quality. The assurance concerning
the commodity in respect of what is being sold and laws concerning such. It brings out the
policy, regulations, and duties which are imposed upon the sellers and on the buyers of the
goods.
B.
i. Within this scenario, the contract regarding in respect of the sale of the shed that
formulates between two parties such as Lisa and Paul outlaid as a written format.
ii. S. 2 of this Act, depicts a contract of sale as an agreement for the transaction of the
good.
iii. Before the transaction takes place by money, the ownership regarding the property
of good does not pass to the second party from the buyer. Under S. 20 of the Act,
the possession of the goods does not pass to the buyer. The reason being the lack of
knowledge that stays in the favour of the buyer in regard to the commodity.
Therefore, the patent of ownership does not stay with Paul for the fixation of the
window.
iv. Under S. 22, the sole responsibility of the product stays in the hand of the seller.
When the exchange is still to take place. In such scenarios, the nature of the good
using which the following transaction is to take place would be hampered due to
such incident occurrence. Hence, the contract will be addressed as a void in legal
nature under S. 9.

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C.
In the present era, the principal aspect of the sale has been entirely hampered by fire
to which neither of the parties has been given any focus. Such a contract is addressed as null
or void in respect of the S. 9 of the act. Since the product has not been in the exchange phase
before the incident of fire took place. The ownership remains with the buyer Samantha.
Hence, Samantha is the only body for the loss that has taken place.
D.
S. 15 of the Act, states that the good or product to be initiated for the transaction
phase should be with an introduction of the description of the commodity. S. 16 of the Act,
mandates in respect of the quality assurance and nature of commodity. According to the
current scenario, the subject of the transaction is the Soya bean Oil. Joes have been served
with lubricating oil. However, this clearly states that this does not match the description of
the transaction.
E.
i. Within the present scenario, an agreement was formulated for the sale of carpets.
The transaction took place on a payment basis where cash was paid. The transfer of
the properties did not come into effect as such either of the party can be addressed
as a defaulter. The main body responsible for such is the seller itself and is solely
responsible for the bearing of loss. However, S. 9 of the act, address the sale as
void because the subject has been eliminated. As the payments were already done,
the seller is bound for a reimburse charge; the seller has to pay to the buyer for the
loss incurred.
ii. According to S. 20 of the Act, The legal ownership tag does not shift towards the
Charles because of any specific change from the side of the seller because the
transactions have already been made.

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iii. In this scenario, a contract of music system took place that is recognised as void
under S. 9 of the Act. The commodity lies within the hands of Pat. Therefore, Pat
is legally tied to pay $5,000 to Rick-Jones Electrical Ltd.
Question 2 - Consumer Guarantees Act, 1993
a.
The Consumer Guarantees Act of 1993, formulated as change for the Sale of Goods
Act 1908. It is expressed to secure the interest of customers. Commodities purchased for
personal consumption only falls under this Act. However, the services rendered are not
covered under this Act.
b.
Section 6 of the Consumer Guarantees Act of 1993, clarifies that the goods being
introduced for the barter exchange should be of desirable quality in terms of nature of the
commodity. In this picture, the incident is of Yacht, The legal tag of ownership has passed to
the Nelson marine LTD. Later, after successful transaction it is experienced, Yatch is not of
the desirable condition and cannot function properly in terms of its work as mentioned by the
seller. It fails to carry any sea related activity. However, in respect of the life jackets, this
specific transaction has been affected because of the second-hand nature basis trade activity.
c.
i. S. 9 of the Consumer Guarantees Act 1993, elaborates that goods that have been
initiated within the barter exchange should be confirmed regarding the product
description that is introduced by the sales assistant, advertisement and Boucher.
Whereas, within this particular scene, Bob claims that the product is qualitative and
can be implemented for the general use of the rims. Later, it was observed that the

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statement as proposed by the seller is false. Taking into consideration the fact it is
stated that the seller Sarah is liable for making a false statement and for the hampering
of the legal vision of the contract. However, Sarah has considered the transfer of
goods upon the interest of the sales agent.
ii. The decision of Sarah, to undertake decision regarding possession of paint has been
relying upon the sales agent presentation, the name of the sales agent was Bob.
However, taking into consideration the above fact it is a justified case for Sarah to
claim for the recovery. The claim of default activity will take place from the area
where the transaction took place. In this case, the area is the store. However, the
recovery is regarding compensation, recovery, or replacement process.
iii. However, in case the shop does not provide any remedy, Sarah possesses the right to
ask for money. The money which was the principal means for formulating this
transaction. It is section 18 of the Act, which makes the store to be addressed as a
defaulter of this case.
iv. S. 18 of the Act, within this scenario the repair of the fridge takes place by the
Aukland Fridge Suppliers (AFL). The cost of repair is solely the responsibility of
Aukland Fridge Suppliers (AFL). Taking into consideration the above case, Lucky is
not justified to be liable for the compensation. Lucky has the legal right to claim for
the collateral damage.

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Question 3 - Fair Trading Act, 1986
1.
S. 9 and 13 of the Fair Trading Act 1986, restricts the owner of goods to claim any
false complaint or unjustified statement that is illegal in the eye of law. The false statements
regarding the quality, nature, standards of the goods are criminal in nature. Taking into
consideration this case it seems like the commodity is being manufactured from the area of
New Zealand and the seller even claims that it is 100% assurance of its origin. The seller
further added that it is of New Zealand Merino Wool. In the legal aspect, it was a false
statement made. In real nature, it is a composition of the 85% of Australian Merino, and a
15% approx. Mixture of the Polyester and that too the manufacturing process was undertaken
within the region of China. The design phase was carried out in New Zealand. This
introduces the Fair Trading Act 1986.
2.
a) In this scenario, the area of problem is regarding whether or not the Specialist
Laboratory Services Ltd. has seen any liability regarding the Bhavin for the
misrepresentations.
b) S. 9 and 13 of the Fair Trading Act 1986, prevents the act of imparting any false statement
that is hazardous concerning the true nature of the commodity.
Section 40 of this Act, recognizes the proposed company as the default body and in terms of
legal aspect is solely accountable to pay an amount of $600,000.
3. According to S. 9 and 13, of the Fair Trading Act of 1986, eliminates the owner, to carry
on any misconduct regarding the properties and well-being of the commodity. Irrelevancy in
terms of price, standards, nature, advantage, utility of the commodity. As observed in this

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scenario, Food Storage Ltd. has resulted in the violation. This is a violation of the Act of FTA
1986.
Question 4 - Employment Law - Dismissal
Case 1
1) Unfair dismissal denotes the process by which an elimination situation has resulted in
irrespective of the legal nature in the eye of the law. It was the level of performance as served
by Hans which was weak and this made him to be eliminated. In the case of Alan, he was
also being addressed with an alert regarding the elimination process. Therefore taking into
consideration this above fact it seems like Alex is legal in the eye of law. As per the
Employment Relations Act 2000.
2) However, Han’s elimination is not for the reason that he was not suitable for a proposed
designation. However, the termination of the employee should be carried on with the
implementation of the official notice period. Such formal notice should always depict the
reasons for such termination process. The employees should avail the opportunity to know
the different criteria’s for which they are being eliminated. Whereas, for introducing the
notice period a period of one week is required.
Case 2
The definition of sexual harassment has been outlaid within the S. 28A of the Sex
Discrimination Act 1984. Taking into view this specific law in terms of the corporate
premises, sexual harassment is regarded as the illegal act and should be given instant focus.
This brings in Lars, such that they register and file a complaint to the Australian Human
Rights Commission regarding the act between Sextus and Lucretia. Whereas, it is mandatory
for the corporate business firm to undertake necessary legal actions. Moreover, if the
corporate business firm does not undertake any legal actions against the subject, then the firm

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is solely liable. To deal with such issues, a separate back team is being formed to address
such defaults.
The company should implement the formulation of policy regarding such incidents. There is
also a requirement of the disciplinary body to take care of such issues.
Case 3
Lookingg after this particular scenario, it is believed that the elimination process was not
carried forward according to the Employment Relations Act 2000. In such a case, Rob is with
the corporate for some time of more than five years. The termination programme is part of
corporate ethics, which states that the notice should be introduced before the subject for some
time of four weeks before the elimination process takes place.
Case 4
The termination process in this particular scene is unfair. The employer and the Mary were
operating under a specific contract. According to the deal Mary was hired but there lie formal
criteria for the sign-up process. There is an immense need for the sign-up process of the
documents. Every aspect regarding the corporate working was mentioned within the
agreement. Taking into account these factors it is believed that the deal is a valid contract and
the termination process is an unfair practice in nature.
Case 5
According to the S. 28A of the Sexual Discrimination Act 1984. Taking into account this
section of the law, any action that exists in the corporate which is not legal will be addressed
as illegal activity. The corporate body was planning to log a complaint in the legislative body
of the Australian Human Rights Commission. The issue or complain was nor accepted by the

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legislative house. This states the emergency for the formulation of specific kinds of rules,
policy and regulations. A different back team is required to deal with such issues.
Question 5 - Health and Safety Act, 2015
1 a) There take pace the corporate ethics which states that safety of employees and the
corporate activity should be in a formal and legal aspect. Taking into account this scenario, it
seems like the employer is not capable of providing such level of safety.
1 b) Under the Health and Safety at Work Act 2015, the efforts of the employer is mandatory
to have concern towards the well-being of the corporate sector. The welfare of corporate
employees should be given priority. To have a concern towards the suppliers, contractors,
customer, and volunteers. It is the corporate ethics and the sole responsibility of any
employer to have a concern towards its employees. The work environment should be free
from any risks and hazardous conditions.
2 a) The primary body such as the employer of the specific business firm, fail to keep the
word in terms of the claimed statement that rotation of shifts will be given. The employee
actions were not given priority and monitored effectively. There was not even the presence of
the communication medium between the management and the supervisors. The utility tools
were also not deal with effectively such that there exists a huge chance of an accident to take
place.
2 b)
Maintenance Emergency Remarks
Urgent Not Urgent
Electrical outlets safety measures

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Equipment maintenance
Stable conditions of the equipment
Entrapment hazard shortage
Safety in terms of the storage
Mentioning the entry and exit points
Hygiene
Exit in terms of fisre accident should be
properly pasteurised
Management of waste
Making the staff aware regarding safety
measures
Availability of first aid
Fire compliance
Assessment of risk factor
Facilitates for rest
Making Trolleys available for heavy
lifting activities
Acceptable level of noise
Temperature, humidity and flow of air
lightning

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Shift timing awareness
Maintenance of register file

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References
Australian Human Rights Commission Act 1986
Consumer Guarantee Act 1993
Fair Trading Act 1986
Sale of Goods act 1908
Sex Discrimination Act 1984