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Posted: March 2nd, 2020

Australian Consumer Law Assignment | Homework For You

SSESSMENT TASK 2_ASSIGNMENT 2018 TOTAL MARKS: 80 marks (40% of overall assessment) WORD LIMIT: 2000 words (+/- 10%) SUBMISSION: Submit your assignment electronically in Black Board under the Assessment tab. Ensure that you include a cover page with your name, the name of your tutor and the day and time of your tutorial. CASE STUDY: Read the following facts and answer the questions below. Roberta is a student at USC studying a double degree in Business and Arts. She is studying Spanish with the School of Arts and Social Sciences and recently enrolled in a Tango dance class with her boyfriend, George.

She needed dance shoes. Roberta loves shopping and headed for the Plaza and Myers (trading as Myers Stores Ltd). In ‘Miss Shop’ she found some black shoes that looked suitable. She spoke to the sales assistant saying: “I want these shoes for my Tango dancing lessons. They need to be strong. Do you think they will be suitable?” “Oh yes” said the assistant “They are made in Spain and must be OK for Tango dancing.” With that assurance Roberta bought the shoes, which were on sale reduced from $100.00 to $60.00. She went on to do some browsing around the store. It was coming up to Mother’s Day and she was looking for something special for her mother. Her Mum loves pasta, so when she saw a pasta maker in the home wares section on special for $80.00, she bought one.

The sales assistant went out the back to the storeroom and got one still in its box. She placed the box unopened in a bag and gave to Roberta. Roberta’s boyfriend, George, was about to have a birthday and so she looked about for a present for him. She saw a old fashioned styled record turntable on special and knowing that George likes playing vinyl records, bought it for $250.00, the price being reduced from $350.00. The next Saturday while at dance class the heel of one shoe broke off as she attempted a heel step. Luckily she didn’t fall over and hurt herself. The next day was Mother’s day. Roberta’s Mother was excited when opening her present to see the label ‘pasta maker’ on the box. But she was disappointed when she opened the box and found it was a popcorn maker.

Sunday was also George’s birthday and he was very happy with the turntable. Unfortunately when he used it the needle on the arm of the turntable scratched one of his favourite records. He told Roberta that he can’t risk using it again. Roberta went back to Myers to return the shoes, the pasta maker and the turntable. The store manager drew her attention to a statement on each of her receipts, which said: “No Refund or Exchange will be given for items on sale or on special.” Roberta is very unhappy and comes to you for advice.

With reference to the Australian Consumer Law, answer the following questions in relation to each transaction between Roberta and Myers Stores Ltd:

1. Does the transaction fall within the operation of the Australian Consumer Law (‘ACL’)? (10 marks)

2. What implied guarantee/s could Roberta argue have been breached by Myers Stores Ltd? (45 marks)

3. What remedies, if any, could Roberta claim in relation to any breaches of the ACL? (15 marks)

4. Does the statement on each of Roberta’s receipts for the purchases have any legal effect, and if so, what is the effect? (4 marks) (Six (6) marks are allocated to written expression and presentation.)

ASSESSMENT CRITERIA:

1. Demonstration of knowledge of relevant business law and ethical principles and their sources. (37 marks).

2. Demonstration of understanding by analysis and reasoning in applying relevant principles to a given fact scenario in order to generate conclusions. (37 marks)

3. Demonstration of communication skills through written expression and presentation. (6 marks)

INSTRUCTIONS: • Use Times New Roman 12 or Ariel 12 font and 1.5 line spacing. • Answer the questions as posed. • Use the materials provided to you in BB in answering the questions, in addition to your textbook. • Refer to the Australian Consumer Law as required and not to other legislation. • State the relevant law and apply it to the facts of the case study. • Do not make up facts. If you need more facts to resolve an issue simply indicate that more information is needed and explain what difference it would make to your conclusion.

• Refer to the legal authority for each legal principle stated, whether a section/s of legislation or cases. • Use Harvard referencing by placing case names in the body of your text in brackets. Reference the full case citation at the end of your work. • State the title of the legislation in full when first referred to in your work. You may thereafter abbreviate it to ‘ACL’. You need only reference the legislation in full once in your end reference list. • Avoid spelling mistakes, particularly in relation to legislation and cases. • Avoid grammatical errors. Business Law Assignment: I need help writing a research paper.

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