Company and Commercial Law 1 answer below »

Instructions

Due latest by 9:00 pm on , 7 october 2016.

Words – 500

2. Students are advised to read the instructions very carefully and comply with them. Failure to do so will result in the deduction of marks.

3. The Assignment will test students understanding of the Contracts Law and Australian Consumer Law Module. The Assignment must be submitted via Turnitin on LMS. The assignment will be marked online.

4. Assignments must be typed in minimum size 12 font with 1.5 spacing on one side of the page only and wide margins.

5. The word limit is 500 words, including words infootnotes. Students must state the word count on the front of their assignment.

6. Criteria for assessment: Marks are awarded for the accuracy and quality of the response. See Assessment Criteria and Performance Expectations listed below.

7. This is a law assignment, and as such, students are required to discuss any case law and legislation that may be relevant. It is important that students cite case law and legislative provisions in their answers. Please follow the Australian Guide to Legal Citation. The AGLC can be downloaded from the following website:http://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf

8. Work must be adequately referenced using footnotes. No bibliography is required. Footnote your responses on a page by page basis. Footnotes must be consistent in style. Use footnotes, not endnotes in your assignment.

9. Penalties at the marker’s discretion will apply to students who do not pay attention to the correct citation of cases and secondary sources.

10. Plagiarism will be heavily penalised. Academic misconduct includes improper referencing, plagiarism, copying and cheating. You should familiarise yourself with your responsibilities in relation to Academic Integrity. Information can be found on the website at:http://www.latrobe.edu.au/students/academic-integrity

Assignment Question – Semester 2, 2016

Vanessa is looking for her first car. In the local paper she sees a full-page colour advertisement for Nikhil’s Car Sales Pty Ltd: Used car sale. Unbeatable offers on 3-year old models. Low kilometres. 12-month warranty.The featured vehicles include 3 model Mazda 2s priced at $9,999 drive away.

On Saturday morning she goes to take a look. She takes a liking to the yellow Mazda 2, and has a good look around the outside and inside. She notes with satisfaction that the odometer shows 75,000. The salesman tells her: “Personally, I think this one is the best of the lot.”Vanessa asks Nikhil about previous ownership of the car and Nikhil replies: “The car had only one previous owner.” Vanessa replies that she would like to buy it, but the best she can do is $9,500 cash. He replies: “Alright. Come inside.”

In the office Nikhil prepares a sale document with a description of the vehicle and a cash sale at $9,500 and gives a copy to Vanessa, which she reads. They agree that Vanessa will return with payment within 7 days. There is no mention of warranty. Vanessa signs the sales document.

Next Wednesday, having visited her bank, Vanessa returns with a bank cheque for $9,500 and collects her new car. There is a zipper case on the driver’s seat containing the handbook and previous service record, which she puts in the boot.

Three months later Vanessa finds that her car is slipping out of gear. Next morning she drops it off with Max, her mechanic. Max calls her that afternoon. The automatic clutch of the Mazda 2 is badly worn and needs replacing. The total cost for the work is $2,500. From the handbook and service details Max discovered that the previous owner was a company, and the Mazda 2 was a fleet car. At the time of the sale it had actually covered 175,000 kilometres.

Problem-Based Questions

QUESTION

Does Vanessa have any rights under the Australian Consumer Law (Competition and Consumer Act 2010(Cth), Schedule 2)?Discuss any applicable legislative provisions and relevant case law. What remedies can Vanessa obtain under the Australian Consumer law?

[10 marks]

TOTAL MARKS [10 MARKS]

 

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