Discuss about the Legal Studies for Australian Law.
In the given case study, Paula said to Testa that she needed very urgently 1200 climwits. Paula instructed that she want to purchase from Woddo Co for an amount of not exceeding $12000. When Tess contacted to Woddo Co for the purchase of climwits then the company said that there was no available stock at present and will deliver the stocks very shortly (Barker, 2005). Tess was disappointed with the information given by Woddo Co and contacted Sepal co. to place the order for climwits. The company has large stock but they sell in lot of 1400 climwits. As the company never had business dealings with the Paula they were ready to supply climwits to Tess only. The company agreed to sell at a discount of 10% to Tess (Burrell and McGinn, 2009). 1400 climwits order was placed by Tess at a contract price of amount $16000 less 10% discount. The business dealings was done by both the parties and climwits were sold to Tess. The company didn’t sell to Paula as because the company has never had dealings with Paula. Tess obtained 1400 climwits from the Sepal Co for a price of $16000 and informed Paula (Chisholm, 2004). Paula was desperate to purchase climwits and contacted immediately to Sepal Co and wanted that they supply cimwits to her for an amount of $12000 for 1200 climwits. The company refused to supply climwits with her demand and stated that their agreement was with Tess to supply 1400 climwits for an amount of $16000 less 10 percent discount. The government of Australia has implemented many rules, legislation and regulations in order to promote fair trading and providing legal rights for the consumers. The company sepal co refused the demand of Paula stating that the company has no never had business dealing with her. They also stated that their agreement of selling climwits to Tess was for an amount of $16000 less discount for 1400. Paula should have purchased 1400 lot of climwits. The regulatory bodies in Australia govern fair trade practices. The trade practices in the country should be done fairly (Malbon and Nottage, 2013).
In the given case study, Paula wants to purchase climwits from Sepal Co and the company refused to supply as there were no business dealings with Paula. Therefore, as per the business law the company should have supplied climwits to Paula. However, Paula cannot claim anything from Tess and Sepal Co for not fulfilling her demand of purchasing 1200 climwits. Tess was not responsible for not fulfilling the demand of Paula and has no liabilities. Sepal Co should have supply 1200 climwits to Paula. Paula may have legal rights and can apply to the court about supply of the climwits (Miller, Sims and Miller, 2013). The competition and consumer act 2010 ensures fair trading between the business and covers most of the aspects in the market place such as dealings with retailers, customers, competitors, suppliers and wholesalers. The government of Australia takes adequate steps to protect the rights of the consumers as well as promoting fair trading. The laws governs how businesses should interact with their customer, suppliers and other businesses. The national statutory framework of Australia ensures that the trading is fair for consumers and businesses (Nottage, 2010). The framework is enforced and administered by Australian competition and consumer commission. In addition, government legislation, territory and state laws govern the consumer protection. Therefore, according to the laws Paula has the right to demand for the climwits. The Australian consumer law provides regulations and rules on unfair contract terms, product safety, consumer rights, unsolicited agreements and penalties.
The understanding of regulatory obligations and rules is necessary for any business. The regulations and policies are designed to ensure protection of the parties, integrity in the market and fair competition. Therefore, Paula can take help from the regulatory bodies. A number of territory and state government agencies identify regulatory requirements in the business (Davenport and Parker, 2011). The Australian consumer law is the national law for consumer protection and fair trading. The rules and regulations are there for the parties involved in the business. The Australian consumer law is enforced and administered by Australian Competition and consumer Commission. Paula needed 1200 climwits and asked Tess to purchase for her. Tess wanted to purchase Woddo Co for an amount of $12000 but the stock was not available and promised when the stock will be available then the product will be delivered shortly. Tess was disappointed and purchased climwits from Sepal Co. the company sell the product in lot of 1400. Therefore, she wanted to purchase from the company and company supplied 1400 climwits. The company had no business dealing with Paula and decided not to sell climwits to her (Gibson and Fraser, 2007). Paula was desperate to purchase climwits and contacted Sepal Co. in order to purchase 1200 climwits for an amount of $12000. The company refused the demand of Paula stating that the company has no never had business dealing with her. They also stated that their agreement of selling climwits to Tess was for an amount of $16000 less discount for 1400. Paula should have purchased 1400 lot of climwits. The regulatory bodies in Australia govern fair trade practices. The trade practices in the country should be done fairly.
The legal rules and regulations are available for the protection and rights of the consumers and businesses. The territory and state government protects the rights of the consumers as well as encourages fair trade practices. The laws govern show the business interacts with the customers and other businesses. The statutory framework and legislations ensures that fir trading practices is important for peaceful environment in the country (Keenan and Riches, 2007). In the given case study, Paula has some legal rights for purchasing the climwits but the company Sepal Co has the rights to sell the product as per the requirement and benefits. The product liability regulation framework regulates the information standards as well as safety of the product. The standard ensures that harmful products are not purchased or sold in the market. The standard is enforced and regulated by Australian competition and consumer commission. The rules and regulations are there for the parties involved in the business (MacIntyre, 2008). The Australian consumer law is enforced and administered by Australian Competition and consumer Commission. Territory and state government fair trading agencies are also involved in enforcement of the of the product safety rules. Therefore, the primary role of territory and state offices is to assist primarily the consumers. The national privacy legislation is governs by Australian information Commissioner that regulates how organizations can collect, access and gather communication and information. The legislations and rules govern the business activities that operate within the country. The competition and consumer act 2010 ensures fair trading between the businesses and covers most of the aspects in the market place such as dealings with retailers, customers, competitors, suppliers and wholesalers (Vickery, Pendleton and Flood, 2008). It commonly deals with the unfair trade practices, merger and acquisition of organizations, code of practices, collective bargaining, product safety, price monitoring, regulation of the industries and product labeling. The Australian Competition and consumer commission promotes fair business practices in the marketplace. The protection of consumers are governed by territory and state laws and advising the business on obligations and rights under the fair trading laws. Therefore, legal rights are available for the parties and remedies as per the law (Vickery, Pendleton and Flood, 2008). The business environment is rapidly growing and it is the responsibility of the regulatory bodies to govern and ensure fair trade practices. The consumers are protected from illegal act and provided with appropriate remedies. The government of Australia has implemented many rules, legislation and regulations in order to promote fair trading and providing legal rights for the consumers. Therefore, in the given study the rights or liabilities of the parties are to be governed as per the laws implemented by state and territory government. Any disputes should be taken to the court and remedies are available for the party.
The contract law states that the terms and conditions described in the agreement should be followed by both the parties. The contract law in Australia is regulated primarily by common law and implemented for the protection of the victim. Contracts are referred to as set of promise or promise that legally binding. The terms and conditions in the contract should be followed by the parties and any party can take legal actions if there is a violation of terms and conditions (Grundmann, 2011). In the given case study, Merco entered into a agreement with the Eddo publishing Co in order to subscribe a monthly magazine called the English for the Migrants-Beginners to the advanced stage. The main issue in the agreement was that Ted Upton provided wrong information and misguided Merco. Ted Upton said that the Magazine is very much popular and it will help Merco to speak and learn English. On the other, the terms and conditions after subscribing magazine was also not explained by Ted Upton to Merco (Homburg, 2008). The information provided by Ted Upton was wrong and misguided Merco. According the to the Australian Law, the court take decision on the basis of the terms and conditions stated in the agreement if any disputes occurs between the parties. Therefore, it is important for Merco to acquire all the information regarding the provision written in the agreement. Merco was not informed about different provisions in the agreement and he should not enter into the agreement. As per the contract law, if there is a breach of contract then the non breaching party can take legal actions and also entitled to remedies. In the given case study, Merco could not write or read in English language. He was a clerical assistant in a large organization and his job was to help in operating photocopying machines that were used by the company (Paterson, 2011). Therefore, in order to promotion in the company he required good and appropriate knowledge of English. However, to learn he entered into an agreement with Eddo Publishing Co and subscribed a magazine.
Ted Upton explained that the magazine would be great advantage for Merco in order to learn English language easily and simply. Ted Upton told Merco that the magazine will be of great advantage for him and was used by the English teachers in their classes. The information was not right as only one teacher use the magazine occasionally. Ted also explained that many employers recommend their employees to subscribe magazine and learn English (Shaw, 2003). The magazine is available in limited number and should be purchased by Ted immediately. All the information provided by Ted was wrong and misguided the perception of Merco. Merco agreed with Ted and entered into the contract which was unfair to him. The provisions in the agreement were also not informed to Merco and Ted Upton does not want to disclose the provisions stated in the agreement. There were provisions in the agreement that the price of subscription will increase as per the change in the costs of production. The increase in cost of production will lead to the increase in the subscription price. Merco was informed about most of the clauses in the contract (Tarakson, 2007). According to the contract law, it was not a legal act done by Merco and the clauses were informed. Therefore, Merco should take step and withdraw from the agreement. The contract law in Australia is based on the common law and puts emphasis on providing legal rights to the parties. The legal rights are available as per the Australian law and Merco is suggested not to continue the agreement. Ted Upton promoted the magazine of the company by explaining wrong information to Merco. According the Australian law, if a person misguide another while arranging an agreement then legal actions can be taken by that person against him (Thomas, 2010). The fair trading act as per the contract law puts emphasis on encouraging and promoting fair trade practices as well as protecting the rights of the consumers.
Merco though that the magazine will help him to learn English as well as help him to get promoted within the company. The statements described by Ted were untrue and wants that Merco should subscribe the magazine. If some breaches the clauses and provisions in an agreement then he or she should be compensated as per the law for not following the rules and regulations. The contract agreement governs the relationships between the parties and the transactions were regulated by the terms and conditions (Watson, Gleeson and Higgins, 2013). Merco should take this into the court stating that Ted Upton misguided him by providing wrong information as well as not disclosing the clauses of the agreement. According to the contract law, general explains that the an individual is bound by all the terms and conditions of a contract which means that one should always read the provisions and clauses stated in a agreement. Therefore, all the parties involved in a contract should read and understand the provisions in the contract. Merco was unable to read the contract and wanted to telephone a friend to come to the house of Merco and read through the documents but Ted told that there was nothing to be concerned and forced Merco to subscribe the magazine. However, if the courts find that the provisions and clauses of the contract are not fair then the contract can be void (White, 2009). The offer and acceptance in the contract law explains that the contract is offered and it is accepted by both parties. As per the contract law, if Merco enter into the agreement then he cannot do anything and has to follow the provisions in the agreement. The court cannot considers verbal contract and an evidence should be there such as written document. Therefore, Merco should not enter into the agreement or void the contract. The disputed in the contract is governed by the contract law. The terms and conditions in the contract law need to be followed by both the parties. Therefore, Merco should have understood the terms and conditions in the contract (Wolff, 2014). Ted told that the magazine was popular and misguided the perception of Merco. The act was considered as an illegal act and it should be understood by Merco. The contract law in Australia explains all the rules and regulations that should be followed by the parties involved in the agreement. Merco should withdraw from the contract and search for alternative to learn English language.
References
Barker, D. (2005). Essential Australian law. Sydney, N.S.W.: Cavendish.
Burrell, D. and McGinn, J. (2009). Cornerstone law series. [Adelaide]: Law Society of South Australia.
Chisholm, J. (2004). PRACTISING LAW IN AUSTRALIA IN 2010.Deakin Law Review, 9(2), p.302.
Grundmann, S. (2011). The Future of Contract Law. European Review of Contract Law, 7(4).
Homburg, J. (2008). Cornerstone law series. [Adelaide]: Law Society of South Australia.
Malbon, J. and Nottage, L. (2013). Consumer law & policy in Australia & New Zealand. Annandale, N.S.W.: Federation Press.
Miller, R., Sims, R. and Miller, R. (2013). Miller’s Australian Competition and Consumer Law annotated. Pyrmont, N.S.W.: Law Books.
Nottage, L. (2010). Consumer law reform in Australia: Contemporary and Comparative Constructive Criticism. QUT Law Review, 9(2).
Paterson, J. (2011). Unfair contract terms law in Australia. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia.
Shaw, M. (2003). International law. Cambridge, U.K.: Cambridge University Press.
Tarakson, S. (2007). The law in Australia. Port Melbourne, Vic.: Heinemann Library.
Thomas, G. (2010). Cornerstone law series. [Adelaide]: Law Society of South Australia.
Watson, J., Gleeson, J. and Higgins, R. (2013). Historical foundations of Australian law. Annandale, N.S.W.: Federation Press.
White, R. (2009). Cornerstone law series. [Adelaide]: Law Society of South Australia.
Wolff, L. (2014). Litigiousness in Australia: Lessons from Comparative Law. Deakin Law Review, 18(2), p.271.
Davenport, S. and Parker, D. (2011). Business and law in Australia. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia.
Gibson, A. and Fraser, D. (2007). Business law. Frenchs Forest, N.S.W.: Pearson/Prentice Hall.
Keenan, D. and Riches, S. (2007). Business law. Harlow: Pearson Longman.
MacIntyre, E. (2008). Business law. Harlow, England: Pearson Longman.
Vickery, R., Pendleton, W. and Flood, M. (2008). Australian business law. Frenchs Forest, N.S.W.: Pearson Education.
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