ACBUS201A Commercial Law I ACBUS201A Commercial Law 1 – Semester 1, 2021 Assessment 2: Case Study – 25% weighting – Due Week 10 The annual Australian Financial Advisors Association members conference...

1 answer below »
question in attached files thank you. i need extensive refrence to Australian consumer law in this assignment thanks.


ACBUS201A Commercial Law I ACBUS201A Commercial Law 1 – Semester 1, 2021 Assessment 2: Case Study – 25% weighting – Due Week 10 The annual Australian Financial Advisors Association members conference will be held in Perth, Western Australia this year. Josie is the Sales & Events Co- ordinator for the Association which is headquartered in Sydney and she has the responsibility for arranging everything in connection with the conference. This year’s conference will focus on ‘Superannuation and Tax Concessions’ and Josie’s role is to ensure that all of the conference attendee’s requirements are met including accommodation, travel, food and clothing. Josie begins her task by looking up the website of A-Class Tours Pty Limited in order to book a bus for the purpose of the delegate’s travel to and from the hotel to the conference centre during the 5 day visit to Perth. The website clearly states that all bookings must be made online. Josie telephones the company on 11 January 2021 and has a general discussion with Jackson, the company representative, about a number of related matters including the availability of a bus, the dates and prices. She does not specifically confirm a booking or pay a deposit during that conversation. A week later on 18 January 2021, Audrey posts a letter to A-Class Tours Pty Limited office in Perth stating that she would like to proceed with her booking as discussed with Jackson. In addition to the ‘booking’ that she makes with A-Class Tours Pty Limited, Josie books all the accommodation and other conference and travel activities through ‘Best Ever Travel’, a travel agency. On 25 February 2021, Josie realises that she has not yet organised any of the specially made polo shirts which the delegates will wear during the conference. She goes to ‘Shiny Promotions” to make these arrangements. She orders the polo shirts to be made with ‘Australian Financial Advisors Association – Annual Conference 2021’ to be embroidered on the sleeve. Josie agrees to buy the polo shirts for $75 each after the shop owner says “I’ve been in business for 28 years and my clothes are made from the finest quality cotton and workmanship. Trust me, you will have no problems with them. Look at this quality. Feel this material. I guarantee you that nothing will go wrong.” Josie is so disappointed and stressed that she has left things to the last minute and tells the shop owner that if he does not provide the clothing ACBUS201A Commercial Law I within 14 days she will destroy him and his business. When the clothing finally arrives, Josie discovers the polo shirts are not made from cotton and the logo embroidered on the sleeve says “2020” rather than “2021”. One week before the delegation is due to travel from Sydney to Perth, the West Australian Premier declares a state of emergency as a result of the worsening coronavirus pandemic and spreading infections, and decides to close all the borders. All flights into the State are cancelled and all roads into Western Australia are closed. As a result, all conferences and event gatherings are prohibited until further notice. Part A – 1,000 words (15 marks) Required: Based on the above information and your knowledge of Australian contract and consumer law, answer the following questions (Note: Question 4 includes additional facts that must be considered when dealing with that question). 1. Outline and describe any legal contractual issues in relation to Josie’s booking with A-Class Tours Pty Limited and whether or not she and/or the Australian Financial Advisors Association have a contractual arrangement with them. Use relevant cases to support your answer. 2. Outline and describe whether or not Josie’s conduct towards the shop owner at ‘Shiny Promotions’ has any impact on the contract she has agreed to for the manufacture of the delegate’s polo shirts. Use relevant cases to support your answer. 3. Advise Josie if her contract with ‘Best Ever Travel’ is enforceable, given the state of emergency declaration, worsening coronavirus pandemic and the subsequent cancellation of all conferences and event gatherings. Use relevant cases to support your answer. 4. Due to great disappointment following the cancellation of their annual conference in Perth, the Australian Financial Advisors Association decides to reschedule the conference to Batemans Bay on the NSW south coast. Unfortunately, this trip is a terrible disaster, as the travel agency used by Josie failed to make bookings adequately to accommodate the whole delegation, did not book enough tickets for the scenic Clyde River boat tour and failed to adequately cater for all attendees at the closing dinner to be held at the Soldiers Club. ACBUS201A Commercial Law I With reference to this additional information, outline whether or not Josie and/or the Australian Financial Advisors Association is entitled to sue for damages? Fully explain your answer and use relevant cases to support your answer. 5. For the purposes of the Australian Consumer Law (ACL) discuss whether or not Josie would be a ‘Consumer’ in relation to her dealings with ‘Shiny Promotions’. 6. Has the shop owner of ‘Shiny Promotions’ committed a breach of the Australian Consumer Law (ACL) in relation to his statement “I’ve been in business for 28 years and my clothes are made from the finest quality cotton and workmanship. Trust me, you will have no problems with them. Look at this quality. Feel this material. I guarantee you that nothing will go wrong” and the circumstances surrounding the polo shirts received by Josie? Use relevant cases to support your answer. PART B – Research Task – 500 words (10 marks) Businesses within Australia operate within a legal framework based on the fundamental common law principle of legal precedent, and an adversarial approach to dispute resolution. Some other countries also use similar common law systems, however many do not. First, research the legal systems of other countries, and then choose a country that does not use the common law system. Required: Compare and contrast how the legal system of your chosen country and explain how it differs from the Australian legal system, specifically regarding the role of precedent, and the role of judges in dispute resolution. You must include examples of each to support your comparison. You must include relevant legislation and/or case law (as applicable).
Answered 4 days AfterMay 08, 2021ACBUS201A

Answer To: ACBUS201A Commercial Law I ACBUS201A Commercial Law 1 – Semester 1, 2021 Assessment 2: Case Study –...

Vasudha answered on May 12 2021
139 Votes
ACBUS201A Commercial Law – 1
Assessment – 2
1. Facts of the Case: Josie is the Sales and Events Coordinator for the association and is responsible for arranging the accommodation, travel, food and clothing. Josie approaches A-Class Tours Pty Limited for arranging bus between hotel and the conference pl
ace. The A-Class’s website clearly says that all bookings are through online only.
    Australian Consumer Law is the part of Australian Commercial Law which, this law deals with the matters relating to trade and commerce between business and consumers.
In this case, it was clearly mentioned in the A-Class Tours Pty Limited website, that all bookings are to be done in the website only. Even with the clear instructions in the website, Josie spoke to a company representative to get information on the availability of the bus, dates and prices. And, later on booking was confirmed by a post letter to A-Class Tours Pty Limited.
After analyzing the facts, below legal issues were discovered:    
a) There was no authenticity of the contract. The parties to the contract were not identified properly.
b) There was no offer, mere speaking to company representative is not an offer.
c) There was no written agreement between the parties.
d) Parties had not discussed the terms and conditions of the contract.
Thus, there was no contractual arrangement between Australian Financial Advisors Association and the A-Class Tours Pty Limited.
In the Ellul and Ellul Vs Oakes,( 1972) 3 SASR 377, Supreme Court of South Australia) there was a only oral agreements and there was no written communication before the contract was signed. Oral agreements were not the part of the written statements. So, there was no contractual remedy for the parties concerned.
2) Jose’s conduct at the Shiny Promotions’ premises has no impact on the business. Whereas, business as per the Contract Act is obliged to deliver the goods and services as per the agreed terms.
As per the main part of the Amended – Australian Consumer Law Act (No.2) 2010, which states that merchandised quality to be supplied by the manufacturers as per agreed and expresses warranties and also includes pre-contractual representations and statements that are made in connection with the supply or promotion of goods.
In this regard, Jose’s attitude is not part of the unconscionable conduct as laid out in the Australian Consumer Law. But, business can be sued on the grounds of merchandised quality.
In ACCC Vs Berbatis, (2003) HCA 18 (9 April 2003) (High Court of Australia), It was alleged that owner has engaged in unconscionable conduct in contravention of S 51AA of the Trade Practices Act, when owner wanted to abandon the claims against the landlord, if the tenants wanted the lease renewal. It was found in the trail that respondents had engage in unconscionable conduct.
3)    With the corona virus pandemic situation internationally particularly in Australia, there are many business contracts which are at stake.
The clause of Force majeure will apply, in this clause many...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here