Commercial Law: Consumer Rights, Vehicle Issues and ACL

This commercial law assignment presents a consumer complaint regarding a faulty Ford Focus vehicle purchased from Essendon Ford Dealership. The assignment focuses on the application of the Australian Consumer Law (ACL), specifically Section 18 concerning misleading and deceptive conduct. The consumer claims the vehicle exhibits performance issues and seeks a replacement, citing breaches of the ACL. The report details the relevant legal provisions, including the prohibition of misleading conduct in trade or commerce. The assignment highlights the elements of deceptive conduct and the consumer's reliance on representations made by Ford. It also references the company's alleged misrepresentation and refusal to provide refunds or replacements. The assignment concludes with a demand for vehicle replacement and a threat of legal action, along with a bibliography of legal sources, including legislation and academic literature. This assignment provides a practical application of consumer law principles in a real-world scenario.

RUNNING HEAD: COMMERCIAL AND CORPORATION LAW
Commercial and Corporation Law

COMMERCIAL AND CORPORATION LAW
Dear Manager,
RE: Complaint about faulty Ford Focus vehicle purchased from Essendon Ford Dealership in
2016.
Not happy with the quality of a vehicle I Bought from Essendon Ford Dealership in 2016 and
I am writing to seek a replacement.
As the main aim of the Australian Consumer Law (ACL) is to enhance the welfare of
Australian consumers by safeguarding their interest and by promoting fair trading
competitions such as the safety of the product, labeling, and monitoring of price.1 Various
provision of the Consumer law provides for a prohibition on deceptive and misleading
conduct.2 Sec 18 of the Consumer Law provides for the same. As per this section, no person
shall be allowed to mislead or deceit another person in trade or commerce.3 The main purpose
of this doctrine is to provide customer protection by precluding businesses from misleading
their customers.4 There are few elements, which make the conduct of, deceptive or
misleading such as the said conduct was done in the trade or commerce, in all situations such
conduct was misleading and deceptive, the applicant relied on such conduct and due to
relying on such conduct loss was suffered by the applicant.5
The car, which was bought from Essendon Ford Dealership, keeps on shudder and jerking
when accelerating and suddenly makes a lot of noise and loses power. As per the provisions
of ACL, Ford has misrepresented and deceived customers, who made complaints in the past.6
The company kept on stating that the issues with the vehicle of the customers are due to the
way the driver handled the vehicle. Although Ford is aware of the systematic issue with their
cars. Many times car was sent for repairs but the company rejected to provide a refund or
replacement. The company has breached the provision of the ACL by misleading the
consumer to invest in their vehicles which were faulty and not fuel-efficient as well as does
not provide smoother gear shifts while driving as represented by the company at the time of
purchase. Apart from this, the company refused to provide a replacement or refund vehicle
1 Stephen G. Corones, The Australian Consumer Law (Lawbook Company, 2012) 713
2 Dilan Thampapillai, Vivi Tan, Claudio Bozzi, and Anne Matthew, Australian Commercial Law (Cambridge
University Press, 2015) 544
3 The Australian Consumer Law s 18(1)
4 CCH Australia, Understanding Australian Consumer Credit Law (CCH Australia Limited, 2011)
5 Justin Malbon and Luke Nottage, Consumer Law & Policy in Australia & New Zealand (Federation Press,
2013) 438
6 Nicole Morandin and Joshua Smith, Australia Competition and Consumer Legislation (CCH Australia, 2011)
1929
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COMMERCIAL AND CORPORATION LAW
until the customers by making a substantial payment for return, participated in the Powershift
Ownership Loyalty Program. Those who were unable to afford had no other option than to
continue with the faulty vehicle.
The car is not of expected quality and does not match with the details of the cars, which was
represented at the time of purchase. It is requested to you to replace the car with the same
quality as it was shown at the time of purchase and arrange for the return of the faulty vehicle
at no cost.
The photocopy of the receipt has been attached to this mail as proof of purchase.
It is expected from you to resolve this issue as soon as possible. In case no response is
received from your side within a reasonable time, a formal complaint with Consumer Affairs
within State shall be filed against your company.
You can contact me on 123456789 during office hours in relation to discuss this matter
further.
Yours sincerely,
(##your name##)
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COMMERCIAL AND CORPORATION LAW
Bibliography
A- Books/Journals/Articles
CCH Australia, Understanding Australian Consumer Credit Law (CCH Australia
Limited, 2011)
Corones, Stephen G., The Australian Consumer Law (Lawbook Company, 2012) 713
Malbon Justin and Luke Nottage, Consumer Law & Policy in Australia & New
Zealand (Federation Press, 2013) 438
Morandin,Nicole and Joshua Smith, Australia Competition and Consumer Legislation
(CCH Australia, 2011) 1929
Thampapillai, Dilan, Vivi Tan, Claudio Bozzi and Anne Matthew, Australian
Commercial Law (Cambridge University Press, 2015) 544
B- Legislation
The Australian Consumer Law s 18(1)
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