Legal Case Study

1280 Words6 Pages
Assume it is now July 2017, what legal advice would you provide to both Rose and Dennis? Dennis has purchased an old building in which Rose, a long-standing friend has asked to lease this building from Dennis, with the intentions to run a florist business. Dennis agrees to this proposal and a written signed leased agreement was prepared and signed by both parties involved. A fee was agreed that Rose would pay Dennis $2,000 a month in rent. Further down the track rose beings to struggle with cash flow and profit and requests Dennis to reduce to rent to $1,000. This lesser rent was agreed through a handshake and no formal written agreement was written down on paper. Dennis approaches Rose further down the track requesting for the rent to…show more content…
There are several guarantees under the ACL, however the applicable ones to Con’s case are the following (Commonwealth Consolidated Acts, 2010). • Guarantee that goods correspond with description s56 • Guarantee that goods are of acceptable quality s54 • Guarantee that goods are reasonably fit for purpose for which goods of that kind are commonly supplied s55 As Con had not previously dealt with Liberty Furniture, or seen any demonstration models, Con cannot claim the Guarantee in s57 (goods match their sample) The quality of the product was not up to Con’s standards. After just a limited usage of 2 weeks the furniture began to break. The guarantee in s54 states that goods must be of acceptable quality, in which fit for all purposes for which goods of that kind are commonly supplied; acceptable in appearance and finish; free from defects; and durable. Con can also claim the s55 guarantee in which he should receive goods that are fit for purpose. Goods that fail to work or break within a two-week period are not considered fit for purpose thus liberty furniture has breached this guarantee. The final guarantee Con can claim is s56. This is where the good supplied do not match those of what was described. It was described that they were to receive “commercial grade, long lasting furniture” however

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