QUESTION 1
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.
A representative for Studmaster told Mrs Tran that:
• “We believe the new rent is very reasonable and below the market value”; and • “The rent is lower than the rental paid by other tenants in the Food Court”
Both statements were incorrect. Studmaster gave Mrs Tran 7 days to agree to the lease
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Law:
• Section 18 (“misleading or deceptive conduct”) • Eveready Australia Pty Ltd v Gillette Australia Pty Ltd OR Taco Company of Aust Inc v Taco Bell Pty Ltd (“objective test”) • Section 29(1)(k) (“false or misleading representation concerning the place of origin of the goods”) • Netcomm (Aust) v Dataplex Pty Ltd (p 616 of textbook)
Application:
• Explain what “place of origin” means with reference to the discussion at the bottom of p 615 top of p 616 of the textbook • Explain why the label “product of australia” was misleading as to the place of origin of the jumpers. • Apply the objective test to explain why the woollen jumpers were misleading under section 18. In particular identify the target market and why a reasonable person would be misled about the label “Product of Australia”.
Issue: What are the remedies?
Law:
• Section 232 (injunction); Section 246 (corrective advertising; management to undertake training); Section 151 (fine); Section 218 (court enforceable undertakings)
Application:
• Explain that the remedies can be covered in court enforceable undertakings or ordered by the Court. • Explain what an injunction and corrective advertising would do • Explain the maximum penalty of a fine for WWM and why the ACCC can pursue a fine.
Conclusion
WWM has made a false representation concerning the label of
Another legal definition can be found under the Lanham Act where it is defined as, “Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.” The Lanham Act has a more specific and
Because of the late occurrence in Tesco, Tesco abuse the offers of merchandise act when the named the wrong meat as another, for instance, they sold meat that was marked Beef lamentably it was horse-meat, this implies the items was not all around
shall be fined under this title, or imprisoned not more than 25 years, or both.
In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.
Laflin’s setup suffers from some overly optimistic assumptions. His revised set up assumes a base rent of
U.S. export control law requires the issuance of an export license to cover the movement of controlled U.S.-origin products from India to Taiwan.
Will the court consider the claims in regards to the advertisements that were denied by the committee but not disseminated?
The ACCC sought orders restraining Glendale from engaging in conduct contrary to Section 52 which states that a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. The action brought by the ACCC against Glendale based on Section 52 and 53(c) of the Act was unsuccessful.
In this connection we may cite the case of Parkdale v. Puxu (Parkdale v. Puxu, [1982]). In the instant case, Puxu had the business of selling furniture of a certain style. Parkdale got engaged in the business of selling chairs which pertained to the same style and design as that of Puxu. It was observed by the court that the resemblance with the chairs of Parkdale with that of Puxu was misleading and deceptive to the customers.
Consumer guarantees are a set of rules that apply to goods and services purchased by shoppers under the Australian Consumer Law. These laws have come into being through years of legal disputes. Through the years several legislations have been made and further improved upon according to these cases, this includes the Fair Trading Act of NSW in 1987 and the Trade Practices Act of 1974.
Additionally, Blue Ridge was engaged to meet the terms and conditions of para 10.1 of the Lease Agreement to keep all HVAC units in good working order and repair during my tenancy. Blue Ridge carried out regular periodic inspections of the units and performed maintenance work as in their professional opinion was required. The cost of the services provided by Blue Ridge to Furniture Affair was in excess of $7,000 per annum. Irrespective of this and only to be diligent I
Residential leases provide renters with a legally enforceable contract regarding the property that they rent. Since homes and businesses are critical parts of people’s lives it is important that the lease include all of the necessary elements to provide security to the renter and the landlord. In this paper, I will describe the contractual details of a residential rental agreement, the five essential elements of an enforceable contract, the circumstances of a breach of contract, and possible remedies.
The Moorcock (1889) 14 PD 64 (UK Court of Appeal, Costa Vraca Pty Ltd v Berrigan Weed & Pest Control Pty Ltd [1998] FCA 693 (Federal Court)
Those who rent from private landlords do not only tend to, on average, pay almost double the rent of a person living within social housing but also are twice as likely to live in a residence the Government would class as a “non-decent home”, a residence in disrepair and one that does not meet health and safety standards (Jonathan Owen, 2014). The undisputable growth of private renting sector is not limited to England but is also noticeable in Wales, Scotland and Northern Ireland. In wales the private rental sector represents 14% of total housing, the private rental sector in Scotland has doubled over the last ten years as more than three hundred thousand properties have been sold and in Northern Ireland private landlords own more properties than councils and housing associations combined according to national figures provided in 214 (Jonathan Owen, 2014).