Business Laws For The Contract Of Electronic Services

Case study 1

Describe about the Business Laws for the Contract of Electronic Services.

This case study deals with the contract of the electronic services. While going through the weekend add of the classified section of the weekend Victorian Newspaper, Jin Ho passed through the deal that caught his eye. The offering of the sale of C-Phone Xi 2015 new limited edition with three years of warranty is at the $1500 and also the other add of the same phone with the same features is seemed to be $3000 (Carter, 2006). In the mood of excitement, Jin Ho called for the 1st offer that was provided at the contact no provided below the respective ads of the phone. With viewing the cheap rate of the new phone, Jin Ho called to make deal for which the deal seems to be an interesting one. The decision made by Jin Ho focus on the cheap rate that was mentioned above. The owner of the C-Phone Xi 2015 is Narvin with whom the conversation made about the deal of the phone. With the creation of the range of bargaining for the phone, the interest was created in the mind of Jin Ho for which the price seems to be fixed at $ 1250 from $1500 which was the owner’s price (Cherednychenko, 2006). With this agreement, Narvin text the address of his own to Jin Ho. Nest day on 3^rd November on arrival at the house of Narvin, no one seems to be present at the address provided by Jin Ho and thereby he tried to call Narvin at his provided number. But the number provided by Narvin does not exist now. With receiving an shocking information from his friend Dan that the ad was removed from the Victorian Classified, jin ho dropped a mail at the mailbox of Narvin that he was ready to provide $1500 for the phone and he had also visited the provided address but nobody was there at the house. In return reply Narvin provided the information that he has already sold the phone at $1700 to someone else (Dowd, 2004).

In context to the above case study explained provides the view of breaching of the contract law as per the contract laws of Australia. The contract seems to be verbal in nature and thereby as per the contract law of Australia, breaching of contract is taking place for which the claimant Jin Ho can throw a case against the defendant Narvin. The penalty for this case of breaching of contract provides the strict judgement for the case and thereby the judgement is provides the appropriate enhancement of the case undertaken for Jin Ho (Elliott and Quinn, 2007). the misleading and the deceptive conduct is taking place in view of Narvin and thereby it seems to be a form of disadvantage by the terms of the contract. It also creates an unfair means of the conduct with reference to the Australian contract laws and thereby the harm is created for the claimant. It thereby also depicts a form of fraudulent act that was undertaken by narvin and the harassments made to Jin Ho is depicted in the case study. The unfair harm is created for Jin Ho and thereby the solicitor provided the judgment in for the Jin Ho for which he has gained a contact for the appropriate establishment of the judgement (Grundmann, 2007). For the purpose of penalty, Narvin has to provide the interests with providing the causes of the penalty for the unfair harm created. The service is seemed to be provided in the case of the solicitor and thereby it provides the appropriate judgement for the case with proving Narvin guilt for the incident undertaken by him. The appropriateness of the judgement is proved by the judgement provided by the solicitor and thereby the case seems to be leaded in the right track.         

Case study 3

Australian consumer law is considered to be protecting the consumer and ensure the fair trading practices in Australia. It is a national, state and territory law from January 1 2011 and also consist of unfair contract terms legislation which are prepared and introduced in the year July 1, 2010.

Consumer guarantees is basically depend on the relationship to implied warranties and the key condition which are comprised of a comprehensive set of rights and remedies for the defective product and their respective services (Grundmann, 2011). The consumer guarantees are considerable based on the very same principles as it is considered to be implied warranties and the condition which is previously present in the state and the territory fair trading laws and the commonwealth trade practices act 1974. Rights and obligation in a more clear and precise way, exist case law and legal precedent which is applied to the earlier law.

In the case of Taran and Monica case the salon assured that the product is healthy and medically approved which will be good for the scalp and the color of the streak will last for a month and also assured that it will not fade away (Monahan and Carr-Gregg, 2007). According to the consumer guarantees act of Australia the consumer can demand for consequential loss for the poor product or service which states,

Consumer guarantees failure leads to the consequential loss where the consumer may also seek for compensation from the supplier or the manufacturer for any consequential or related loss or the diminishing the damage outcomes from the failure to meet the consumer guarantees (Radan and Gooley, 2009).

Consumer wills normally deal with the supplier but on various occasion it is seen that the manufacturer need to fix the problem or issues. Manufacturer is primarily responsible for determining and meeting the certain consumer guarantees. A manufacturer is primarily responsible or liable to a person or the individual in certain case or business which are,

makes or put the good together

has their name of the good

Import of the goods

In case of the Taran and Monica the supplier Fantastique Ltd clearly mentioned that the salon will not be liable for any loss or damage which is caused by the defective product sold or used. Any liability will be complete responsibility of the manufacture which is the company ALIVE is here and the company will be held responsible for any kind of loss (Randell-Moon, 2013). According to the Australian consumer law, manufacturer might be liable for the compensation to the consumer if the manufacturer fails to manage its core responsibility. Manufacturer will be held responsible if the manufacturer must provide the remedy when the good fail to meet the consumer guarnteess which comes with key criteria whicha re as follow,

If the quality of the good or the service is not acceptable

If the product matching description is not matching leading to the falsification of the product information.

Repair or spare parts

Express warranties

Out of all the criteria the first criteria is primarily responsible for making the product not acceptable from client perspective as Taran and Monica is not happy with the product as mentioned by the supplier the product will last for one month and the scalp will be smooth free from any allergies and medically healthy compared to other hair color in the market. All the specification of the product does not match with the outcome as the color started fading in the fourth day whereas Taran feel irritation in the scalp which resulted into medical cost for the company.  A manufacture is liable to honor consumer right under the consumer guarantees regardless of whether the good and the respective service are covered by any key warranties (Willmott, Christensen and Butler, 2005). From the several analysis of the case  Taran and Monica it is clearly evident that the company Alive fails to fulfill the specification given by theme which include that the color will last for month and medically approved free from any allergies as well as the product will be healthy for the scalp, all the criteria of the product fail to accomplish and thus fail to satisfy the customer which under the Australian consumer act made it liable for the company to compensate their customer as per the congenital loss. Thus the company is liable to compensate the consumer Taran and Monica for their unfortunate service received from the supplier for the product of the manufacturer.

References

Carter, J. (2006). Carter’s guide to Australian contract law. Chatswood, NSW: LexisNexis.

Cherednychenko, O. (2006). Fundamental Rights and Contract Law. European Review of Contract Law, 2(4).

Dowd, M. (2004). Breaching the Contract. Arch Pediatr Adolesc Med, 158(10), p.1014.

Elliott, C. and Quinn, F. (2007). Contract law. Harlow: Pearson Longman.

Grundmann, S. (2007). Regulating Breach of Contract – The Right to Reject Performance by the Party in Breach. European Review of Contract Law, 3(2).

Grundmann, S. (2011). The Future of Contract Law. European Review of Contract Law, 7(4).

Monahan, G. and Carr-Gregg, S. (2007). Essential contract law. Abingdon, Oxon.: Routledge-Cavendish.

Radan, P. and Gooley, J. (2009). Principles of Australian contract law. Chatswood, N.S.W.: LexisNexis Butterworths.

Randell-Moon, H. (2013). The secular contract: sovereignty, secularism and law in Australia. Social Semiotics, 23(3), pp.352-367.

Willmott, L., Christensen, S. and Butler, D. (2005). Contract law. South Melbourne, Victoria, Australia: Oxford University Press.