Magda is a highly acclaimed professional photographer focussing on celebrities in the fashion, entertainment and sports industries.
Magda advertises and sells prints of her works via her website: www.madgaportraits.com.au, but she also sells directly to the public from her home studio.
The website sets out various categories of works including one entitled ‘Elite Sports’ where she has thumbnail photos of limited edition, framed, photographic portraits that she has taken, showing prices (including postage and handling).
There is also a notice on the website indicating that these portraits are numbered and signed by Magda, and are printed on archive quality, acid-free paper.
Avinash visits her website and admires a photographic portrait of an Australian Olympic champion, Paris Stilton. The advertised sale price is $2,000 and it is described as ‘a limited edition of only 3 prints’. According to the website only one of these portraits remains unsold.
As described below, a number of exchanges take place between Magda and Avinash.
a). Advise Magda and Avinash whether they had formed a binding contract with one another.
You will need to address all the essential elements of a contract as well as analyse the legal status (if any) of each step or event that occurred, including information on the website. Refer to relevant case law and provide definitions of legal terms. In this part, do notdiscuss the impact, if any, of consumer protection laws.
You may, but are not obliged to use the IRAC format for this part, given that each step or event needs to be analysed separately.
b). Assume Elton discovered that the portrait he had purchased had only been printed on low quality photographic paper and was therefore susceptible to colour degradation (already occurring) which would not happen had high quality archive quality paper been used. Furthermore, he has discovered that recently, Magda had sold ten of the so-called limited edition prints of Paris Stilton to other buyers.
Advise Elton of his rights under the Australian Consumer Law (‘ACL’).
By reference to the ACL, explain whether
Discuss this statement referring to relevant case law.
An indication of whether you agree or disagree with the statement, justifying your viewpoint
Identification of the type of consideration exchanged between Magda and Elton ( from question 1)
To export a reference to this article please select a referencing stye below:
My Assignment Help. (2020). Business Law. Retrieved from https://myassignmenthelp.com/free-samples/blo1105-business-law/certificate-of-authenticity-with-the-portrait.html.
"Business Law." My Assignment Help, 2020, https://myassignmenthelp.com/free-samples/blo1105-business-law/certificate-of-authenticity-with-the-portrait.html.
My Assignment Help (2020) Business Law [Online]. Available from: https://myassignmenthelp.com/free-samples/blo1105-business-law/certificate-of-authenticity-with-the-portrait.html
[Accessed 01 December 2020].
My Assignment Help. 'Business Law' (My Assignment Help, 2020) <https://myassignmenthelp.com/free-samples/blo1105-business-law/certificate-of-authenticity-with-the-portrait.html> accessed 01 December 2020.
My Assignment Help. Business Law [Internet]. My Assignment Help. 2020 [cited 01 December 2020]. Available from: https://myassignmenthelp.com/free-samples/blo1105-business-law/certificate-of-authenticity-with-the-portrait.html.
Among all other essay topics, MyAssignmenthelp.com also provides help for compare and contrast essay topics. In this type of essay, it is essential to choose the right topic so that you have enough material to compare between two subjects. In case you had been ended up with a critical topic, ask help from Myassignmnethelp.com. We are happy to help you even in the last minute. Just ask us ‘write my paper for me’, and we will do the rest.
Our experts are available for 24*7 who can guide you on how to make a thesis statement. We have a separate department for editing who have access to different paraphrasing tools to give you a flawless paper.
Answer: Background It has been observed that the Inquiry had recognized a number of shortcomings in CBA’s governance, culture and the accountability frameworks especially while dealing with the non-financial risks that had made a set of recommendations, which were designed to strengthen these particular frameworks. Such a statement was established and announced by the Prudential Inquiry on August 28, 2017. The purpose of its establishme...Read More
Answer: 1. Statement of the problem Peter, a chartered accountant, was bored with his job and was applied to a software company in Oshawa for a new position in the development of new accounting software. The job description described the new project which was expected to run during the next eleven years, and as a promised position he would become a senior manager to supervise his own employees if hired. Peter accepted the offer immediately ev...Read More
Answer: Introduction: In this letter of advice I would provide you information in relation to employer sponsor visas available in Australia. The information provided to you would be based on the types of visa available, the sponsorship, nomination and other requirements to get the visa and what the visa allows and restricts a visa holder to do. There are three types of employer sponsored visa which can be selected from in order to temporarily...Read More
Answer: Introduction The below case study discusses about tort law and major tort law question “Is it possible to frame an action in both trespass and negligence based on the same set of facts? If so, identify instances when trespass may be more attractive to a plaintiff? This paper discusses about the case Williams v Milotin  97 CLR 465 and major significance and implications of the decision. This case is related to trespass...Read More
Answers: 1. Issue Whether Jenny would be bound to the exclusion clause which the bus services have attempted to incorporate into the contract Law An express term is a term of the contract which has been contemplated by the parties and can be added in a contract via a notice or signature. In the case of L'Estrange V Graucob  2 KB 394 a rule had been made by the judges according to which any person who has got into a contract thr...Read More
Just share requirement and get customized Solution.
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. If you are unable to calculate word count online, ask our customer executives.
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
Phenomenal service and very quick in terms of their response/action. Yet to be graded. But, after having a read through, can confirm their quick response did not compromise quality. Will definitely be in touch again with MyAssignmentHelp on future pr...
great service, they really helped me with a good price I will definitely use this cite till I graduate
Very nice answers. All of the questions were well answered and allowed me to understand the subject very well.
The quality of work is excellent! Since I have so many assignments to do, I am scared of late submission. They give me back the work on the same day. High efficiency.