This essay will discuss the requirements for a legally binding contract, elements for establishing misrepresentation in a court and some elements of the Australian Competition and Consumer Act 2010. Mr Manfredi entered into a bilateral contact with Elvis Eggplant who is the director of the vegetarian café HappyHippie.
Elvis Eggplant has induced Mr Manfredi to purchase the café HappyHippie by inflating financial accounts by 60% and supplying misleading information about future profitability of the cafe. This essay will argue there is sufficient evidence to establish that Elvis Eggplant has given misleading information to pursue Mr. Manfredi to get into a contract to buy the café HappyHippie. Mr. Manfredi could pursue damages and rescission against Elvis Eggplant under Australian Competition and Consumer Act 2010 S 18 for fraudulent misrepresentation.
There are six elements to determine if there is a legally binding contract between the offeror (Elvis Eggplant) and offeree (Mr. Manfredi). Elements for a legally binding contract are intention, agreement, consideration, legal capacity, genuine consent and legality of objects. Based on the information given in this case Mr. Manfredi and Elvis Eggplant have entered into a legally binding contract. Both parties had the intention to agree for a legally binding commercial contract. Mr. Manfredi accepted the offer from Elvis and paid money to buy the café.
The misrepresentation presented in this case is Elvis Eggplant knew he had
Multiple consumer protection agencies or independent bodies can assist consumers to resolve their complaints and provide advice about consumer related matters. Two of which are NSW Fair Trading and the Australian Competition and Consumer Commission (ACCC).
This discussion board post will respond to various questions regarding the Contracts Analysis Case Study involving Marshall Petersen and his local health food business from a
An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended.
There are three main elements for the formation of a legally binding contract, intention, agreement and consideration. The requirement that requires discussion here is the existence of an agreement by the parties to enter into a legally binding contract.
The Australian Competition and Consumer Commission (ACCC) is an administer of the competition and Consumer Act (CCA) which is to prevent collusion among the firms and to prevent the individual firm which break the market equilibrium with their market power. Well competitive market would deliver efficiency costs, faster innovation, prevention of unduly concentrated markets, business freedom, wealth distribution, and enhancement of international competitiveness. Therefore, the ACCC is playing a crucial role in Australia, and their activities can be divided into four categories; (1) the policies for anti-competitive conduct and anti-competitive practices, (2) the mergers policy, (3) the consumer protection policy, and (4) four pillars policy.
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
Through the course of this paper I will introduce and discuss the history of the movement towards an actively and engaged antitrust legislation. I will also identify the original and early antitrust laws and how they have influenced the economy, as we know it today. Upon the completion of this paper you will understand who was set to benefit (gain) from anti legislation and who loses under the intentions of the antitrust laws today and in the past.
This essay will review the Consumer Protection from Unfair Trading Regulations 2008 (as amended) (‘CPUTs’) to assess how they are responsible for the operation of the Internal Market and consider whether the CPUTs have accomplished its objective of consumer protection. This essay will first explain the Internal Market and the significance of regulation and then proceed to demonstrate how the CPUTs enable the Internal Market to function properly and its protection of consumers.
P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION
A contract comes into existence with the initiation of an offer made by one party, which in turn should be ‘accepted’ by the other party. The element of offer and acceptance thus initiate the legal process of the formation of a valid and binding contract. The significance of acceptance with respect to the contract laws stems from the fact that the proposed offer must be accepted by the promisee and forthwith be communicated to the promisor. Together offer and acceptance create a promise which can
Misleading and deceptive conduct is broadly covered by the combination of the Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974) and the ASIC Act. Sections 18 and 29 of the Australian Consumer Law relating to misleading and deceptive conduct also provide protection. Similarly, section 12DDA of the ASIC Act prohibits misleading and deceptive conduct in relation to the supply of financial services. Sections 20 and 21 of the ACL prohibit
The Australian Competition and Commission v Vassallo (2009) case depicts the affects of cyber crime on individuals involved. Advances in technology have enabled new ways to commit fraud online. Criminals are using new and complex techniques to commit fraud which often result in financial loss towards individuals. The two respondents in the case, Leanne Rita Vassallo and Aaron David Smith had sold medical eBooks through the internet. The eBooks claimed to provide medical cures and treatments for various health problems such as Lyme disease, asthma, herpes and prostate cancer. However, expert evidence concluded that the cures offered no therapeutic treatments. The two respondents had profited financially from the fraudulent eBooks and had sold the eBooks to more than 60, 000 customers worldwide. The online fraud was operated through several websites which were able to be accessed internationally. Despite rapid advancements in technology, legislation has proved to be effective in regulating cyber crime.
Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.
This essay will analyse the Consumer Rights Act 2015 (‘CRA 2015’) as it is a significant element of the government’s reform of consumer law in the UK. The Act has been lauded as an immense upheaval of consumer law due to the integration of eight existing pieces of legislation into one. The complicated regulations regarding goods and services that consumers and businesses struggle to comprehend will no longer apply under the Act.