You are Required to Identify Legal Issues, Relevant legal Authority and Describe how you Intend to use this Legal Authority in relation to the Research Hypothetical Questions.
George and Mildred, a married retired couple, had been planning to travel in and around Australia in a huge caravan. They had saved a huge amount to do so as they wanted to travel after they retire from their respective jobs. They made their respective research on the internet regarding the caravan, in order to get the best possible result, as their own caravan. After conducting all their respective researches, the couple approached Frank Snood, who works for Big Bad Caravans, as the sales executive. After making all the research and other respective aspects, the couple decided that they need a 20feet long caravan, with all the modern day perks, such as TV, toilet, shower and a pop out BBQ.
After respecting all their requirements, Frank recommended them to buy "victory 2000" which met all their requirements and was within their respective Pallas weight. Frank had told them that the total payload was 300kg as stated by the manufacturer of the caravan. It was mentioned that the total extra weight, which they can carry is as per this weight scale. Other than this, there was an advertisement which stated that the caravan is available at a discount of $20,000. This tempted the couple and they bought the caravan as soon as they saw the advertisement. Not only this, they had even bought an extended warranty for an amount of $1,000, which stated that all the major repairs and other aspects of the caravan will be maintained by the company for the next 5 years.
A contract was signed between both the parties and the couple did not read the contract as they thought all the information was provided by Frank.
But this was not the case. Later they get to know that the payload weight of the company includes all the availabilities in the caravan already. And they were just left with 5kgs for their clothes. After about 11 months of the caravan, or precisely, after travelling for 11 months, the tires had blown and the vehicle was about to crash severely. The insurance company had refused to pass the claim as it was significantly due to excess payload. And when the couple approached the company to avail the feature of extended warranty, they were told that damage caused by mishandling or improper use is not covered. Not only this, they even realized that the company had just forged the actual rate of $100,000, to show the discounted prices of $80,000, to attract the customers. (Monash University, 2015)
The Contract Act, 1984, section 23 states for a fact that any person or persons, who states an information to another person or persons, to ambiguously effect its own interest, or leads to situation of letting a person buy or do things after giving any misinformation is considered to be against the law and breach of contract. (Government, 2015)
Section 27A also states for a fact that, if most of the information as known by any of the party is not disclosed to the concerned parties or misrepresented in the form, where their own interest is being satisfied should be considered as an illegal aspect for the government to take strict action against the party. (ACU, 2012)
Section 69 of the Contract Act, also states for a fact that the parties involved in these aspects should be notifying clearly about the life insured of the person or any commodity.
These are the three most important sections of the Contract Act, which are applied in this case of the couple, George and Mildred and the Frank and the Big Bad Caravan. (Commonwealth Consolidated Acts, 2016)
In the current scenario, George and Mildred can file a suit against Frank and the Big Bad Caravans as they have misled him with the product big time. Not only this, they showed them a fake price of the product and a forged discounted rate. This is one of the major reasons for the company to be in the court under the section 27A. As per the court of law, section 69 also states for a fact that any sort of misreprestantion will not be spared. For example, in the current scenario, the warranty for which the couple has paid $1,000 was not entertained effectively. Not only this were they not even informed regarding the fact that many of the claims regarding the tyre bursting aspect is not being acknowledged only. For this reason, the company can then be taken to the court leading them to have a beneficial aspect as it will help the couple in attaining some amount of the claim. (ACL, 2012)
Other than this they can even take the whole scenario to the court under the above mentioned sections as it would ultimately lead them to make sure that they get the claim for the amount of money that they are suppose to get. And also for the forged advertisement and aspects which are being adopted by the company to succumb the customers and the normal people. (Miller, 2014)
In order to conclude, it should be said that in the current case, Big Bad Caravans will be convicted by the court as they are being involved in forged advertisement, of their respective products. This will ultimately get the whole case in front of the court and Frank would be convicted then. It is, according to this scenario, George and Mildred will be able to have their claim from the company and the insurance people too. Their total amount of insurance is being avoided as well, because of which, it is very much necessary for them to make sure that the whole scenario is exposed under the law. The advertisement, which showed the discounted price of the product, is one of the reasons for the company to be under the radar, and George, being the plaintiff, should bring this under the court of law. According to the sections of the Contract Act, Frank and Big Bad Company would be convicted under the law and appropriate action would be conducted by the court. (J, 2012) (Australian Government, 2016)
ACL. (2012). Overview of Australian contract law. Retrieved March 28, 2017, from www.australiancontractlaw.com: https://www.australiancontractlaw.com/law.html
ACU. (2012). Contract Law. Retrieved March 28, 2017, from libguides.acu.edu.au: https://libguides.acu.edu.au/c.php?g=234001&p=1553409
Australian Government. (2016). Insurance Contracts Act 1984. Retrieved March 28, 2017, from www.legislation.gov.au: https://www.legislation.gov.au/Details/C2016C00820
Commonwealth Consolidated Acts. (2016). INSURANCE CONTRACTS ACT 1984. Retrieved March 28, 2017, from www.austlii.edu.au: https://www.austlii.edu.au/au/legis/cth/consol_act/ica1984220/
Government. (2015). Australian Contract and Consumer Law. Retrieved March 28, 2017, from https://www.australiancontractlaw.com/: https://www.australiancontractlaw.com/
J, C. (2012). Contract Law in Australia, 6th Edition (Paperback). Retrieved March 28, 2017, from store.lexisnexis.com.au: https://store.lexisnexis.com.au/product?product=contract-law-in-australia-6th-edition-paperback&meta_F_and=9780409330199
Miller, J. (2014). Doing Business in Australia: Contract law. Retrieved March 28, 2017, from www.claytonutz.com: https://www.claytonutz.com/knowledge/2014/june/doing-business-in-australia-contract-law
Monash University. (2015). Commercial law: Contract law. Retrieved March 28, 2017, from guides.lib.monash.edu: https://guides.lib.monash.edu/commercial-law/contract-law
Similar case has happened in the Masters Vs Cameron 91 CLR353
To export a reference to this article please select a referencing stye below:
My Assignment Help. (2018). Big Bad Caravans Involvement In Forged Advertisement. Retrieved from https://myassignmenthelp.com/free-samples/big-bad-caravans-involvement-in-forged-advertisement.
"Big Bad Caravans Involvement In Forged Advertisement." My Assignment Help, 2018, https://myassignmenthelp.com/free-samples/big-bad-caravans-involvement-in-forged-advertisement.
My Assignment Help (2018) Big Bad Caravans Involvement In Forged Advertisement [Online]. Available from: https://myassignmenthelp.com/free-samples/big-bad-caravans-involvement-in-forged-advertisement
[Accessed 09 April 2020].
My Assignment Help. 'Big Bad Caravans Involvement In Forged Advertisement' (My Assignment Help, 2018) <https://myassignmenthelp.com/free-samples/big-bad-caravans-involvement-in-forged-advertisement> accessed 09 April 2020.
My Assignment Help. Big Bad Caravans Involvement In Forged Advertisement [Internet]. My Assignment Help. 2018 [cited 09 April 2020]. Available from: https://myassignmenthelp.com/free-samples/big-bad-caravans-involvement-in-forged-advertisement.
MyAssignmenthelp.com is one of the noted service providers that deliver essay help. We provide tailored essay assistance to make sure that student gets online essay help exactly in the way they want it to be written. We at MyAssigemnthelp.com have built teams of consultants, who readily attend every query related to help me writing my essay. We provide essay writing help in forms of tips and steps in order o assist students with tough essay assignments.
Answer: Issue Whether any legal obligations can be raised against CMS, CM or Lazarus Pty Ltd for the loss that is sustained by Terry? Applicable Law One of the business forms that are generally availed by the people of Australia is to run their business by way of a company. A company is created by getting the same registered as per the law of Australia. A register company is an entity which has its own existence in law. Once a company...Read More
Answer: Case 1 Issues The assessment of income is based on the residential status of the person. The income tax assessment act 1997 specifies the several provisions related with the changeability of the income tax in case of a resident or non-resident person of Australia (Wilkins, 2015). The present study revolves around determining the residential status of the person named as Jack. Jack has the visa from his first visit Australia in 20...Read More
Answer: Material Facts Samsung launched the Galaxy Note 7 smartphone in August 2016, and it was discontinued by the company in October 2016. The reason for discontinuing the smartphone was the battery issue in the phone which caused some phones to generate excessive heat. Due to excessive heat, many smartphones caught fire, and they caused physical injuries to the customers. The company recalled its smartphones and also took measures to reduc...Read More
Answer: Introduction The below report provides an in-depth analysis of the analysis of the debate which has happened between Lemon, Camerota and Reza. The issue of debate was ‘Is Islam and terrorism are the same'. The report also provides a deep analysis of each and every participant present in the debate. It also contains the intention and perspective of every party of the debate. In the end, the rights of women are also discussed in t...Read More
Answer: Introduction: In Australia, the Corporations Act 2001 (Cth) is the key legislation which governs the operations of companies in the country. As per this Act, various duties are imposed on directors to ensure that they conduct their operations in an ethical manner without adversely affecting the interest of the company or its stakeholders. The directors have to comply with these regulations in order to avoid legal consequence...Read More
Just share your requirements and get customized solutions on time.
Our writers make sure that all orders are submitted, prior to the deadline.
Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.
Feel free to contact our assignment writing services any time via phone, email or live chat.
Our writers can provide you professional writing assistance on any subject at any level.
Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.
Get all your documents checked for plagiarism or duplicacy with us.
Get different kinds of essays typed in minutes with clicks.
Calculate your semester grades and cumulative GPa with our GPA Calculator.
Balance any chemical equation in minutes just by entering the formula.
Calculate the number of words and number of pages of all your academic documents.
Our Mission Client Satisfaction
I hope I get good mark! I hope I get good mark!I hope I get good mark!I hope I get good mark!I hope I get good mark!I hope I get good mark!
HANDED IN ON TIME THOUGH GAVE A VERY SHORT TIME TO DO SO. THE WORK WAS WELL DONE TOO!!
Always impecable work. I super reccoment this service to anyone. The quality of work and agile delivery are the high points.
this was an excellent assignment I cant understand how the assignments can differ in presentation, is it that some writers are trained and some are not.