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BLO1105 : Business Law

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Question:

1. Please advise Vincenzo  Franco if he entered in a contract with Scenic Views and if this contract can be invalidated  under the principles of Contract Law.

(a) Explain how the ELEMENTS to be satisfied in order to make a simple contract  valid

  • You will need to address all the essential elements of a contract including (Offer and acceptance, intention and consideration) as well as elements of a valid contract (Capacity, Legality, Genuine Consent – Mistake, Misrepresentation, Durres, Undue Influence and Unconsc ionability.
  • You  will need to address  and explain the methods by which a contract is ended.
  • You will need to address and explain Remedies available for Vincenzo Franco

(b) Explain the construction of the contract .

  • For the purposes of this part you should distinguish between representations and terms.
  • Explain the importance of a collateral contract
  • Distinguish between conditions and warranties

2. Explain to Vincenzo what are his Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth) .

  • You need to justify your view as to whether these guarantees are available. You will also need to explain the meaning and significance of the implied consumer guarantees.
  • Explain the consumer’s rights in the event of the supplier’s failure to comply with a consumer guarantee.
  • In addition,  Explain the remedies available to Vincenzo Franco and the penalties that can be imposed  to Scenic Views under the Act against  a trader in breach of the Australian Consumer Law.
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