COMPULSORY ASSIGNMENT question:
Commercial disputes often involve an analysis of the terms of agreements entered into by the parties concerned, in the context of the law surrounding them – such as contract law, specific provisions of Statutes, as well as precedents from cases interpreting both from time to time.
Compare and contrast the legal position of two different purchasers, who each purchase an almost identical $6,000 Afghan living room rug. One purchases a new rug from a large rug retailer (Ruggs Pty Limited) at the local Homemaker centre, while the other purchases theirs second-hand from a private person (Oliver). Oliver does not regularly sell items on eBay. Neither is an auction.
1. SITUATION ONE – The Vendor refuses to supply the rug
2. SITUATION TWO – The rug, when it arrives is not the same pattern or quality as the one on display in the Homemaker centre, or displayed in the advertisement on eBay.
NOTES FOR STUDENTS:
• Students will need to download any terms and conditions/contractual arrangements from eBay governing the transaction at the date they commence the assignment and note that date in their assignment. These terms and conditions change from time to time and may have changed since any particular case was decided.
• Students will be expected to consider whether there is a contract, and between whom, the terms of any such contract, whether there has been any breach, and what remedies (if any) might be available in contract. They will also need to take into account provisions of the Australian Consumer Law and Sales of Goods Act covered in our syllabus and relevant to the particular situation.
• All assignment questions involve an element of research and it is strongly recommended that students commence that research early in the semester in order to provide a quality answer.
what i must include:
– must evaluate if there is a contract between the different parties
– and if there has been a breach of terms
– must include australian consumer law : consumer guarantees, s54 ( e.g acceptable quality) and if there has been a breach
– sales of good act
– if there has been a breach of ebay terms and conditions ( ebay.com.au user agreement is used for the terms and conditions)