Business Law Australian Customer Law

588 words - 3 pages

Question 1
Master Chef Limited advertised their restaurant for sale. Mrs Pomeroy was interested in buying the restaurant. Under the terms of the sale contract, the restaurant had a 2 am trading licence. However, when Mrs Pomeroy visited the site of the restaurant it was not disclosed to her that a new Council rule (due to take effect after Mrs Pomeroy signed the contract) required the restaurant to close at 11 pm. Master Chef Limited was aware of the new Council rule. Advise Master Chef Limited as to whether it has breached the Australian Consumer Law (ACL).

Question 2
Ravi purchased a ‘Get you to the garage’ emergency tyre repair kit from a small shop run by Emily in Kenmore, Brisbane. She knew Ravi wanted the kit for his bike. The kit contained a warning in large letters that the manufacturer and retailer of the ...view middle of the document...

Mabel could speak only a little English but she did not read nor understand written English. Lyn knew of Mabel’s medical condition and circumstances. Lyn filled in the application form for Mabel to become a door to door beauty consultant and purchase the Starter Kit of Beauty Products for $1000. Lyn gave Mabel the impression that she was at risk of losing her disability pension, so working as a beauty consultant would ensure she had an income. Advise Mabel as to whether Lyn has breached the Australian Consumer Law (ACL).


Question 1
Master Chef Limited breached section 18 of the Australian Consumer Law (ACL) in remaining silent about the change in Council rules, when the contract of sale stated the restaurant had a 2 am trading licence. This would have misled a reasonable person in the position of a restaurant buyer to consider that the 2 am trading licence still applied (Henjo Investments v Collins Marrickville Ltd). Section 29 ACL does not apply because silence is not a representation.

Question 2
The warning is a breach of sections 18 and 29(1)(m) of the ACL because it would mislead a reasonable consumer of bike accessories that the retailer was not liable. It was also a false representation about the existence of a remedy (TPC v Fiona's Clothes Horse P/L). Emily has breached sections 54 and 55 of the ACL because the repair kit was not of acceptable quality or fit for its disclosed purpose of repairing bike tyres.

Question 3
Lyn has engaged in unconscionable conduct in breach of section 21 ACL. Mabel has inferior bargaining strength given her failing eyesight, inability to speak much English or understand written English (s22 ACL). She therefore could not understand the application form to purchase the Starter Kit. Lyn also employed unfair pressure and tactics by completing the application form and giving the impression that Mabel was to lose her disability pension (ACCC v Lux).

Other Papers Like business law - australian customer law

Business Law Essay

3064 words - 13 pages TABL 1710, BUSINESS AND THE LAW SAMPLE LEGAL PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • The sample question and answer are based on a previous problem question. • The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. • Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment

Business Law Essay

908 words - 4 pages Business Law 315 - Chapter 1 Review Questions 1. In the common law system of the United States, a crime is defined as: a. a private wrong that necessitates litigation between the victim and the perpetrator b. any act prohibited by the government and made punishable through imprisonment or fines c. litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant’s

Business Law

629 words - 3 pages employer or a doctor or even a public place where one can make phone calls. Statutory Law Most new law is statutory law. It affects each of us in business, professional and personal lives. This is more a people-made law or a law made as a result of people electing local legislators who pass state statutes; people vote for senators and representatives who create federal statutes. Example: Criminal Law. Bills Bill is a proposed statute

Business Law - 982 words

982 words - 4 pages procedures. The rules are so complex and they can affect other entities of the business this law is very crucial. Administrative law is the rules that have been established by the company. These rules help guide orderly conduct and established goals for the company. The Case and Common Law Doctrines, which has been discussed earlier about. Furthermore, when you think about common law and all the Sources of American law what is it so

Business Law - 854 words

854 words - 4 pages between or among independent nations. * Executive Orders laws issued by the President or by the governor of a State.Administrative Law body of law created by administrative agencies to carry out their regulatory powers and duties. | Chapter 2 Definitions | Ethics study of what is right or good for human beings.Business Ethics study of what is right and good in a business setting. | Ethical Theories | Ethical Fundamentalism individuals look

Business Law - 3883 words

3883 words - 16 pages employees, and don't have significant assets outside the business may not want to go the incorporation route because to do so means they won't have total control over their business.Bill of ExchangeNegotiable instruments for the purpose to facilitate trade in businesses are recognized by common law or statute law. They take various forms and one such example is the Bill of Exchange, which is governed under the present Australian statute, the Bills of

Business Law - 369 words

369 words - 2 pages Problem 1 ISSUE Is the terms of Ash’s contract with Davis Car Rental Pty Ltd unfair under the ACL? LAW ACL s.23 states that a consumer’s contract is unfair if: * It causes a significant imbalance in the parties’ rights and obligations, * It is not reasonably necessary to protect the legitimate interests of the business; and * It would cause detriment to the consumer. APPLICATION The car hire contract is considered as a

Business Law - 1230 words

1230 words - 5 pages BUSINESS LAW IN CROSSBORDER TRANSACTIONS Question 1 Common Law and Civil Law are two of the world’s legal systems. Common Law, which is also called Anglo-American law, has its roots in England and implicit in former English colonies like USA, Australia, most of Canada and Malaysia. On the other hand, Civil Law, which is also known as Continental European, is originated from Western Europe and divided into four groups. The first one is

Business Law - 935 words

935 words - 4 pages punishment for violation of the crimes. It also helps to resolves disputes by providing a basis for deciding the legal interest and rights to every party involved in the dispute. Modern law in the United States regulate businesses and individuals in a combination of constitutional law, statutory law, common law and administrative law on a federal, state, or local level. (Melvin, 2011) The function and role of law in business can help with the

Business Law - 4137 words

4137 words - 17 pages trademark or service mark and making sure that it can be protected under trademark law can be crucial to the success of a new business venture. If you decide to use your business (trade) name as a trademark, then you need to follow the principles of trademark law. The general rule is that your trademark cannot be the same as or so similar to another’s mark that a customer might think that your product was produced by someone else. Trademark

Business Law - 1022 words

1022 words - 5 pages This paper presents a case study seeking to discuss various business laws using the case of car sales and negotiations and the laws surrounding that business. In this paper, we will consider the case of Josh Harty, who wishes to purchase a new car. He chooses to go to a local dealer in motor vehicles. He states clearly to the salesperson that he has a specific car he wants, the 3.2 liter V-6. He chooses it over the 3.9 liter one because he has

Related Essays

Australian Commercial Law Essay

2124 words - 9 pages Australian Commercial law Name Institution Course Date Question 1 Introduction This is a case emanating from the corporations Act 2001 where the authorized financial advisor acted unprofessionally according to the Australian corporations Act. The breach of law led this financial advisor to jail. The judge issued his verdict basing on the provisions in the corporations Act 2001 to safeguard the plaintiffs from the negative impacts

Australian Business Employment Relations Law : Directed At Business Migrants (Report Style Format) Appendices And Bib. Included

5326 words - 22 pages the NSW Government added this new type of discrimination to the law?Almost everyone at some time in their life has to care for someone at the same time as managing their work.Some statistics include:seven out of 10 women in the 15-44 age group are now in the workforcethe majority of women are staying in the workforce for extended periods of timewomen are returning to work sooner after the birth of their children - the Australian Bureau of

Human Resources Law Trace The Historical Tradition Of Australian Labour Law Using Relevant Legislation And Case Law To Support Your Analysis. Do You Think The Current Direction Of Labour Law In...

2046 words - 9 pages On 7th December, WorkChoices was passed by parliament. According to the Howard government, the WorkChoices reforms are all about creating 'freedom', 'choice' and 'flexibility' for Australian workers and their employers, balanced by a commitment to a 'fair and enforceable' set of minimum employment conditions.There are some good grounds to see WorkChoices as merely an extension of the national industrial relations policies of the last generation

Law/531 Business Law Essay

1532 words - 7 pages Week 3 Individual Assignment Luis A. Campudoni LAW/531 Business Law Prof. Marlene Wilhite February 19, 2010 Legal Issues in Contract Fulfillment Agreements are a hot and critical topic in business agreements today. How do entities engaging in business contracts conclude in a consensus of the clauses, terms, and expectations of the project seem to fail at times due to expected and / or unexpected factors. This seems to be the case of the