Commercial Law
Commercial Law Case Study代写 The Victorian Civil and Administrative Tribunal (VCAT) is formed under Victorian Civil and Administrative Tribunal Act 1998.
Folio 1: Tribunals: States and Federal Bodies
a. Division of VCAT and Two Examples
The Victorian Civil and Administrative Tribunal (VCAT) is formed under Victorian Civil and Administrative Tribunal Act 1998. VCAT has four divisions including Civil, Administrative, Residential Tenancies, and Human Rights.
VCAT aims at giving people low cost, accessibility, and efficient tribunal in dispute resolution. Particularly, the tribunal solves matters consumers and sales and ownership of properties. In consumers’ matter, it sought to resolve the sales of faulty or poor-quality products or services. Under the Australian Consumer Law, there are fundamental guarantees that automatically apply to consumes including that products quality, fit for purpose, safe, durable and free from defects, and acceptable in appearance and finishes. If any of these and other guarantees from the seller are bleached, the buyers can file a dispute with the tribunal. Commercial Law Case Study代写**范文
On the other hand, the tribunal is tasked with sales and ownership of property cases. For example, forcing a sale of jointly owned property in Victoria. In cases where parties are not married or in a de facto relationship, the parties can file for dispute resolution with VCAT. A good example is where brother and sister own land together.
b. Advantages of having a Specialized Tribunal to Support Businesses and Individuals Commercial Law Case Study代写
According to Yohannes and Michael (2012) Tribunals provide “cheap, accessible, informal, speedy and specialized justice¹”. The efficiency of tribunals court is vested on the lawyers and judges because they solely focus on their legal specialties². Tribunals relief judicial court the loads of cases that otherwise would take time to conclude.
c. About Administrative Appeals Tribunal (AAT)
AAT do independent merit-based reviews of decisions made under Commonwealth laws. The tribunal also review decisions made by Australian Government, states and local governments as well as agencies. It also does merit-based reviews on government agencies’ decisions³. Commercial Law Case Study代写**范文
In businesses, the tribunal review decisions made in regard to business disputes in industrial courts, business organizations, and judicial courts. It then gives recommendations on dispute resolutions if the reviews found erroneous. Overall, AAT acts as a defender of businesses as well as consumers.
¹ Aberham Yohannes and Desta G. Michael. The Advantages and Disadvantages of Administrative Adjudication. https://www.abyssinialaw.com/about-us/item/314-the-advantages-and-disadvantages-of-administrative-adjudication (2012)
² Kathy Douglas, and Becky Batagol. “The role of lawyers in mediation: insights from mediators at Victoria’s Civil and Administrative Tribunal.” (2014) 40 Monash UL Rev.
³ Drake v Minister for Immigration & Ethnic Affairs (No 2) [1979] AATA 179, (1979) 2 ALD 634 at 644-5 (21 November 1979)
Folio 2: Commercial Law Case Study Commercial Law Case Study代写
Complaint Letter to ACCC
Dear Manager
Re: COMPLAINT ABOUT FAULTY FORD FOCUS VEHICLE PURCHASED FROM THE ESSENDON FORD DEALERSHIP IN 2016
I am writing this to express my displeasure of the quality of Ford Focus you sold me in 2016 through the Essendon Ford dealership. Severally, I have approached the manager at the dealership but the response I have received is not pleasing at all.
The main issue is Power Shift Transmission (PST). Commercial Law Case Study代写
My car is making excessive shuddering and jerking at the time of acceleration, loss of gear selection and suddenly lost power and make excessive noise from the PST. I noticed these problems after few days of driving and I have taken the car to the dealer for replacement. But every time, they repair the problem only for it to recur after some distance. The manager claim that the problems are a result of careless driving which is not the case since the same problem occurred few days after the purchase and keep recurring after repairs.
I consider the sales as deceptive considering that there is a legal suit by ACCC on the same issues with various brands of Ford⁴. Commercial Law Case Study代写
It is against Australian Consumer Law to give deceptive and misleading information on the sales of goods. ACL seeks to offer uniform legislation for consumer protection in line with commonwealth of Australia and other laws applicable in Australian states and territories⁵. According to the S18 of ACL, any person is prohibited participating in commerce from engaging in misleading and deceptive conduct. In light of this statement, the sale of Ford Focus by Essendon was misleading and deceptive. Commercial Law Case Study代写**范文
Ford company has received enough complaints since 2013 to ascertain that PST was faulty and failed to recall the cars or replace them. Instead, the company has continued to sell and distribute defective Ford cars and refused to protect the customers from fundamental guarantees that the product must be of acceptable products quality, fit for purpose, safe, durable and free from defects, and acceptable in appearance and finishes.
Therefore, subject to the sales of goods act⁶, Australian Consumer Law and contract law, I write to you seeking remedy for damages. Commercial Law Case Study代写
For two years I have used the car and regardless of several complaints to the dealer, the care has not given the value for money. It is a breach of sales contract and against ACL consumer protection law. Therefore, I want a replacement for the car and refund of the repair cost incurred. I have all the repair receipts from your authorized car repairs. I do not intend to pay any extra money for the replacement of the PST.
Failure to take the necessary action and make a satisfactory remedy will prompt me to take legal suit against you. My action will be subject to your contravention of duty as a seller. I have cases to refer to in which you have been sued on the same grounds. Otherwise, I consider this letter the most efficient and effective manner to solve the issue amicably. Commercial Law Case Study代写**范文
You can reach via my phone (contact) at any time of working day but not past working hours, to discuss the way forward on this matter.
Yours sincerely
(name)
Enclosed: Copies of repair receipts and logbook details.
⁴ ACCC. “ACCC takes action against Ford.” https://www.accc.gov.au/media-release/accc-takes-action-against-ford, (2017) (accessed 12 October)
⁵ Australian Consumer Law, Competition and Consumer Act 2010(Schedule 2)
⁶ Sales of Goods Act 1954 (Australian Capital Territory) Australian Consumer Law (ACL)
Folio 3: Reflection Commercial Law Case Study代写
Knowledge of the Australian Legal System
The knowledge of the Australian legal system especially commercial law is paramount in my business careers. It is my role and responsibility as an Australian citizen to understand of rules and regulations my land. The knowledge will help not in legal suits per se but to have a general idea of how justice is administered in Australia.
I intend to be a business entrepreneur in the near future and hence exploring the commercial legal system is a good beginning. I found sales of goods, contracts, and torts laws very interesting in practical terms and intuitively. Sales of goods law as derived from Australian Consumer Law made me understand my rights and responsibilities as a consumer and a business person. The law of contract has opened the bigger picture of contract agreements and legal obligations between the parties involved. Commercial Law Case Study代写**范文
Most important is the law of tort that explores legal liabilities of business owners. For instance, if I own a retail shop and by mistake sell expired product to my customer, I will understand legal liability that may accrue to me if the customer goes the court. Instead, I will be able to seek solve the issue based on the facts and predictions of expected results if the case takes judicial process.
Summary of Negligence Case Commercial Law Case Study代写
Mr. Donoghues was bought a beer by her friend at Wellmeadow Café in Paisley⁷. The drink was in an opaque bottle and she had already consumed half of it. Upon pouring the remaining in a tumbler, there was a decomposed snail. The content made her experience shock and severe gastroenteritis. She sued Stevenson, manufacturer to the house of lords. Commercial Law Case Study代写**范文
The question that arose is whether the manufacturer owed her a duty of care. Due to the narrow nature of the law of negligence at that, the case was dismissed with claims that she had no contractual relationship with the manufacturer. The case brought questions on the application of the law of negligence and it was the basis of expansion of the law.
Summary of Contract Case Commercial Law Case Study代写
The case Pharmaceutical Society of Great Britain v Boots Cash Chemists, the defendant owned a self-service shop⁸. A registered pharmacist operated the till. The claimant sued the defendant against the breach of section 18(1) of the Pharmacy and Poisons Act 1933 which requires supervision of registered pharmacists for the sales of drugs and medicines in poison list.
The question was whether the sales contract was sealed after the selection of the product from the shelves or after making the payment. In both issues, there was breach during selection of products from the shelf. The court of appeal held there was no breach of contract since the contract was sealed at the till where a pharmacist was a supervisor. The display of products on the shelf was not an offer. The offer was created by the customer at the till and it was accepted through payment. Commercial Law Case Study代写**范文
The case law informs the relationship between buyer and seller through development of the concept of invitation to treat which is applied to sales of goods that are outside the seller’s control.
⁷ Donoghue v Stevenson[1932] AC 562, HL
⁸ Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401.
Bibliography Commercial Law Case Study代写
A. Articles/Books/Report
Douglas, Kathy, and Becky Batagol. “The role of lawyers in mediation: Insights from mediators at Victoria’s Civil and Administrative Tribunal.” (2014) 40 Monash UL Rev. 758.
B. Cases
Drake v Minister for Immigration & Ethnic Affairs (No 2) [1979] AATA 179, (1979) 2 ALD 634 at 644-5 (21 November 1979)
Donoghue v Stevenson [1932] AC 562, HL
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401.
C. Legislation
Australian Consumer Law, Competition and Consumer Act 2010 (Schedule 2)
Sales of Goods Act 1954 (Australian Capital Territory) Australian Consumer Law (ACL)
D. Others
ACCC. “ACCC takes action against Ford.” https://www.accc.gov.au/media-release/accc-takes-action-against-ford, (2017) (accessed 12 October)
Yohannes, Aberham and Desta G. Michael. The Advantages and Disadvantages of Administrative Adjudication. https://www.abyssinialaw.com/about-us/item/314-the-advantages-and-disadvantages-of-administrative-adjudication (2012) (accessed 12 October)
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