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The issue here is to provide assistance or financial compensation to James for not performing for the responsibilities taken up by the manager of Lloyd Right Pty Ltd.
Under the common law, non-performance of the terms of an agreement between parties amounts to breach of contract. The rights of the parties under contract are either express or implied, and sometimes comprising both. Where there are express terms to a cont...
Is Jack liable for the payment of the invoice?
When any two parties share the relationship of a principal and an agent, then, they are governed with the laws of agency. An agency is established amid the parties when any person (as an agent) is hired by the principal in order to carry out functions on behalf of the principal with the third parties. Any contractual relationship which is carried out by the agent with the th...
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To ascertain whether Jack would be liable to pay the price of the gold leaf sheets purchased by his employee Michelle without authorization, in his absence, which turned out to be profitable for the organization.
Liability arises when a person authorizes another person to do a work on his behalf, and when the person who has been so authorized does the act wrong or omits to do the act, the person who employs the other to d...
The terms of a contract are categorised into two divisions which include express and implied. The terms which are included by the parties to a contract are referred as express terms. The implied terms are not expressed by the contracting parties; instead, they are included by the statute and the court. Moreover, these terms are categories into conditions and warranties. The essential terms of a contract are referred to conditions, and ...
The issue in relation to the facts of the case study is whether Jocelyn is entitled to claim damages from Melons’ R Us.
The Australian Consumer Law which is provided in schedule 2 of the Australian Competition and Consumer Act 2010(Cth) deals with the rights of the consumers and the guaranties of the consumers. The guarantees of consumers have been provided in part 3-2 division. The sections that specifically d...
In relation to the given scenario the issue that has been identified as whether Jocelyn is entitled to receive financial compensation or assistance.
In this given scenario the Australian consumer law which has been provided in schedule 2 of the competition and consumer act of Australia is relevant. Section 51 to 59 of the Australian consumer law deals with the consumer guarantees. It can be stated that in section 54 of ...
In the present case, Jocelyn purchased melon directly from the Melons R’Us shop in Victoria, as she is the mother of three children’s and she is pregnant with her fourth child. After consuming melon she fell ill because of the listeria bacteria. In this case the main issue is whether Jocelyn is able to get assistance/ financial compensation in context of statutory consumer guarantees stated under Part 3-2 Au...
Australian consumer law introduces various statutory consumer guarantees such as section 54 of this law defines the provisions related to the acceptable quality. As per this section, if any person sells any goods or services to any other person in trade or commerce then such sale is made under statutory consumer guarantee that goods are of acceptable quality. This section further states goods are considered of acceptable quality if such ...
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