Analysis of the Case Study
Discuss About the Study Related Law of Commerce in Australia?
This essay will analyze the case study related to the law of commerce in Australia. Law of commerce is the part of business law or also known as business law regulates commercial activities of the companies. There are various principles of the Australian commercial or business law includes consumer law, environmental law, competition law, and others laws that protect the consumers and traders as well. Along with this, this essay will includes assess and discuss that what was happened in the case. It will analyze the reason of loss happened to Brent. This essay will show that how Brent suffered loss and what he did to get justice for that. Furthermore, this essay discusses the Australian Law applicable to this case and what principles are suggested in that law. Apart from this, this essay discusses the Australian Consumer Law and its principles. It also provide the application of the Australian Consumer Law in the given case and discusses that what rights Brent has in Australian Consumer Law to protect his rights and get justice for the loss he gained. Eventually, it will include a summary of the case discussed in the essay that will provide a short brief of the case and its result.
Brent with his spouse decided to go on tour. He found a tour and travel website ‘ROCKY TOURS’. Brent did online chat with Melody where Brent stated his wife needs easy tour as she had difficulty in walking. Melody also was told that Kate the wife of Brent does not know how to swim, so he (Brent) is worried about the river part in the tour. However, Melody assured that the river part of the tour was only for 8 hours cruise down in Canada. Brent contacted online and signed the agreement without properly reading the terms and conditions. The terms and condition were clearly stating that ROCKY TOURS will not be liable any injury or death happens to the tourist or Brent and Kate. It was also mentioned in the terms and condition that the activities or business of the ROCKY TOURS are out of Australian Consumer Law, as ACL is not applicable to any tour package purchased through ROCKY TOURS. Brent was sent a itinerary of detailed information that which day what tour has to be done among from the coach, train, and river cruise. The tour was for 20 days. After enjoying the 9 days of the tour, the time was for river cruise. There were only 8 hours in day nine. They were told that they had to enter into the rafts and had to enjoy the traveling down the rapids of water. Brent and Kate were not aware of that as Melody did not tell to Brent about while booking the tour. However, Brent clearly told to tour guide that his spouse Kate do not how to swim. But the tour guide replied that they had to do it for get down the river as they were in wilderness. However, they were got into the rafts but unfortunately their turned over. Kate the wife of Brent, as she did not know to swim, tried to be afloat but failed and drown in the river.
Principles of Australian Commerce Law
The Australian consumer law protects the interest of the consumers. It regulates on the unfair contract terms, consumer rights guarantee, product safety law, unsolicited consumer agreement and others area in business (ACCC, 2017). The Australian Consumer Law includes some principles for regulating the business practices for protecting the consumers. These principles are
- There must be fair trade practices by the businesses with consumers
- The products must be such that may not harm the customers
- There should not be an harassment and solicited agreement in sales practices
The main aim of the consumer law is to protect the rights of the consumers against business, if the business found guilty of unfair trade practices, unsolicited agreement and others. The consumer rights and guarantee is the main concern the consumer law (ACL, 2017). The Australian Consumer Law is regulated and applied by the Australian Consumer and Competition Commission and State Territories and Agencies in Australia. The consumer law states that the consumers well informed about the products and services by the traders and businesses. Here, the case is related to consumer guarantee for services. The consumers guarantee is applicable in the areas such as safety of products, long lasting of products, no fault products. In case of services, the services must be provided with proper consideration of the technical aspects and all the required actions for avoiding the losses. According to Australian Consumer Law, the grieved party can sue against the suppliers, if the services of the suppliers do not meet the consumer guarantee in regarding of services (ACL, 2017). In consumer law, there are various rights available for consumers such as right to repair, right to replace, right to be informed, right to sue and other rights.
Here in the case of Brent Vs Melody, the case is related to the consumer guarantee. It is because the Brent denied and evinced his concern for the river part of the tour but Melody assure Brent about this part for not to worry by saying that they will have to cruise down the river. But the river was during the 8 hours shown rapid surges that caused a serious loss to Brent as the raft on which he embarked on, over turned. Due to that, Kate was drowned, as she did not know how to swim. Therefore, Brent has the legal rights to sue against ROCKT TOURS for its mistake and neglecting the consumer guarantee. Brent can sue against ROCKY TOURS for death of his wife, due to negligence behavior of the tour guides (ACL, 2017). Here, in this case, Melody from ROCKY TOURS assured Brent for not to worry about that, as the river cruise will be within the period of 8 hours. Melody said that the river is down within this period. Although, Brent signed the agreement with ROCKEY TOURS without reading the terms and condition of the agreement or contract.
Along with this, as per the Australian Consumer Law, Brent has right to take legal action against the ROCKEY TOURS because Melody is involve in the unfair contract terms. The melody assured to Brent that river will be 8-hour cruise down but it was shown rapid surges. In this way, Brent has valid proof as live chat with melody that can prove that Melody assured to Brent for the slow river surges as Brent live chat. On the other hand, as per the Product liability regulation, Brent also can take the legal action against the ROCKEY TOURS because in Australia product safety and information standards are designed to ensure that harmful products are not deliver to consumers which is harmful for the consumer’s health (ACL, 2017). The Melody is the employee of the ROCKEY TOURS that breached the consumer guarantee through providing the false information about the river surges to Brent.
Along with this, ROCKEY TOURS does not inform to tour guide about the contract terms that Brent’s wife Kate cannot swim and rafting in rapids is not included in the itinerary. This makes the Melody or ROCKEY TOURS fault and cause of a serious loss to Brent. Therefore, as per the unfair contract terms, Brent can sue the case against the ROCKEY TOURS. At the same time, it is responsibility of the tour operator that they make the attention of consumers on the terms and conditions of the company during the contract but Melody does not perform his duty well. As per the principle of Australian consumer law, during the contract with consumers the business practices should be fair trade practices (Austrade, 2017). But in case between the ROCKEY TOURS and Brent all the fair trade practices were breached by the melody through does not getting the attention of the Brent on the terms and conditions of the company. Thus, Brent has all the legal rights to take the legal action against the ROCKEY TOURS.
From the above report, it can be said that the essay properly found the loss, reason behind the loss, and the mistakes and negligence of the ROCKY TOURS. It is found that there was an agreement between the ROCKY TOURS and Brent for 20 days tours. But during the tour, the wife of Brent was drowned in the river while rafting the in the river. Furthermore, it is found that Brent already showed his concern for river cruise part as Kate did not know to swim. Moreover, it is identified that Melody assured Brent for this part by saying that they can do river cruise in between 8 hours when the river down. This essay identified that the Brent had legal rights against ROCKY TOURS, as there is principle of consumer guarantee was breached here. Brent could sue against for ROCKY TOURS for compensating tReferences:he loss. He could file that ROCKY TOURS underestimated the inability of Kate for walking and swimming. Therefore, overall, it can be said that Brent had legal right against ROCKY TOURS under Australian Consumer Law.
ACCC, (2017) Consumer guarantees. [Online]. Available at: https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees (Accessed: 07 May, 2017).
ACL, (2017) An Introduction to the Australian Consumer Law. [Online]. Available at: https://consumerlaw.gov.au/consumer-policy-in-australia/resources/an-introduction-to-the-australian-consumer-law/ (Accessed: 07 May, 2017).
ACL, (2017) Business and the ACL. [Online]. Available at: https://consumerlaw.gov.au/business-and-the-acl/ (Accessed: 07 May, 2017).
ACL, (2017) Consumers and the ACL. [Online]. Available at: https://consumerlaw.gov.au/consumers-and-the-acl/ (Accessed: 07 May, 2017).
Austrade, (2017) Australian business and environment laws. [Online]. Available at: https://www.austrade.gov.au/International/Invest/Guide-to-investing/Running-a-business/Understanding-Australian-business-regulation/Australian-business-and-environment-laws (Accessed: 07 May, 2017).
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