Commercial & Corporation Law Free-Samples for Students-Myassignment

Questions: 1.Is there a Contract Between Li Wu and John, Vanessa and John? When was this Contract made? 2.Do you think that John is liable for Damages for breach of any Contractual Terms?3.Do you think that John is liable for Damages for breach of any Statutory Guarantees under Part 3-2-1 of the Australian Consumer Law? Answers: Introduction Australian Consumer Law is the legislation to protect consumers in the place of business and trade. This act prevents customers from fraud or illegal business or trade. Consumer laws also provide the statutory rules for dealing with any damages or loss to the customer and help to claim compensation for damages. According the case study, the following assignment is briefly described according the Australian Consumer Law. The contract between both parties and the provisions of breach of contracts also discuss on the assignment with a famous case law.. In addition, the statutory guarantee of trade services and their provision also described through a famous law. Discussion 1.According the case study, two contracts have made between Li Wu and John and Vanessa and John. John gave an open advertisement of his business and both of the students have applied for booking. Here, they accepting the offer of that open business proposal of add which make a valid contract. There must have some essential ingredients for a valid contract[1]. Those are: Proposal acceptance: There must be two or more than two parties needed for a valid contract. One party proposes an offer and other party must accept that. The offer must be valid, create an intention to form a legal relation and described in a proper manner. Mutual consent of the parties or Consensus-ad-idem: mutual understanding of both parties should make an agreement. That means the both parties will have same understanding and same issues for that particular agreement. Intension to form a legal relationship: A valid contract always establishes legal relation. That means if one party fails to maintain the contract then he will face legal formalities. If the parties have no intention to form a legal relation then the contract will be void [2]. Lawful consideration: A contract without consideration is void. The consideration must be lawful too. Consideration means something is return, i.e. for a valid contract the parties must get back something in return according to the promise. Lawful objects: The objects of a valid contract should be lawful. The contract must not damage any other property, not unauthorized by law, not fraudulent, not illegal, not immoral or against of the public policy. Free consent: The parties will give their free consent. Consent is free when it is not formed under coercion, under influence, fraud, misrepresentation or mistakenly. Not declared to be illegal or void: A contract will be declared void by any law in the country, which is not enforceable by law. Meaning of the agreement must be cleared: The meaning of an agreement must clear its intention with all the terms and condition of that contract. Possibility of certain performance: Contract should be able to perform. It will be enforceable to the law if it performs illegally. Legal formalities: A contract may be made by word, written or spoken. But according to the contract if it is directed to be made by written, proper registration or attestation is necessary to form a valid contract[3]. 2.Breach of contract is a part of contract, which violated contract rule. Breach of any term that follows important consequences and affect the innocent part. The essential terms, this mentioned about the obligation of both parties. When one party fails to perform according the terms and condition of the contract. When damage occurs for breaching any contract. The party who affect by damages can terminate contract for any consequences of breaches. The consequences of the breach will determine whether termination of the contract is allowed or the party can sue for damages. Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd is a case of breach of contract[4]. Luna Park had a contract with Tramway Advertisement to display an advertisement 8 hours per day for 3 seasons. However, in second season TA terminate the contract and LP sued them for breaching the contract and claimed for damages. The defendant was sure to determine the contract because of past breaches, and because LP led the TA to believe that, in future the contract would not be performed according to its terms and condition. So following the fact plaintiff had a right to claim damages from defendant[5]. As per the case study, John is the owner of his business and it is his liability to know all the information about the place where they hiking. The heavy rainfall is unsafe for hiking and John neglected warning issues, which cause injure to Vanessa. He failed to register and obtain a license and used poor quality equipments. However, he also signed a certificate of Adrenaline Junkie by both of the customers. Here, John breach the contract for negligent his duties and liable for cause of injuries and damages. Now, Vanessa had suffered the damages and can claim compensation against according the common law remedies. The compensation is the financial or monetary cost but other costs like time or production can also be included[6]. 3.In a contract, the non-breaching party can claim remedies for the damages or injuries for suffering the loss. The different types of remedies are: Damages are the basic remedy in common law. Sometimes mental stress is comes under these damage consequences. Liquidated claims are provided the financial or monetary cost as the compensation of breach of contract. Specific performance is an order of court for breaching the contract. Australian Consumer Law applies to all the service providers[7]; those provide any kind of services related to trade in accordance with statutory guarantees. A consumer is injured due to the negligence of service provider then that person can sue him for breach of contract. Service should provide through trade or commerce. Sec-60 of the ACL establish that when service provider give services to consumer according in trade or commerce then it will guarantee the service is supplied with due care and skill. It that breach then the consumer have right to take action against the provider. Sec 267 of ACL establish the law for the plaintiff or the customer can claim damages with the guarantee for failure to give service or injuries[8]. According the case study John is liable for damages for breach of statutory guarantees. He failed to give services for his negligence toward his service, using poor safe equipments and cause damage and injuries to Vanessa. Borch v Answer Products Inc [2000] QSC 379 is famous case of Australia of CL[9]; Borch is sued for facial injuries from a mountain bicycle accident. The plaintiff complaint about the manufacturing of bicycle products that caused injury and mental shock to them. They claim the monitory compensation from them. At the time of cycling, the bicycles were collapsed and four people faced an accident. In the, matter it is the case of negligence in a tortuous act or omission. Reference "Product Safety". Australian Competition And Consumer Commission, 2017, https://www.accc.gov.au/business/treating-customers-fairly/product-safety. "Consumers And The ACL Australian Consumer Law". Consumerlaw.Gov.Au, 2017, https://consumerlaw.gov.au/consumers-and-the-acl/. Corones, Stephen G.Competition law in Australia. Thomson Reuters Australia, Limited, 2014. McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014. Cartwright, John.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Allsop, James. "Values in law: How they influence and shape rules and the application of law!."Brief44.2 (2017): 49. Butt, Peter.Modern legal drafting: A guide to using clearer language. Cambridge University Press, 2013. Bailey, Julian.Construction Law. Crc Press, 2014. ("Consumers And The ACL Australian Consumer Law") Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. ("Product Safety") Allsop, James. "Values in law: How they influence and shape rules and the application of law!."Brief44.2 (2017): 49. ("Product Safety") ("Consumers And The ACL Australian Consumer Law") Cartwright, John.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016. McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014.