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BUSINESS LAW 100 LAW100- Business Law Assessment 2: Case Study Analysis and Presentation Length: 1500 words Weighting: Total 25% (Report 15% and Class Presentation with Power Point Slides 10%)...

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BUSINESS LAW 100
LAW100- Business Law
Assessment 2: Case Study Analysis and Presentation
Length: 1500 words
Weighting: Total 25% (Report 15% and Class Presentation with Power Point Slides 10%)
Lecturer: Ross (Nirosha) GUNASEKERA
This Assessment Task is based on the following Case Study on Australian Consumer Law
Length: 1500 words
Weight: 15% - ReporT
10% - Presentation
CASE STUDY – AUSTRALIAN CONSUMER LAW
James and his family decided that it was time to take a holiday in Adelaide. They chose Adelaide as their destination because it has a world famous wine industry and related tourist attractions. They were really looking forward to visiting many of the wineries in the Barossa valley and in particular sampling the famous local Shiraz. They spent two weeks wandering around the wineries.
James’s mother, Betty asked them to
ing her back a case of the best Shiraz that they had sampled from Barossa Valley Mountain Wines Pty Ltd. Betty’s key requirement was that the wine should be not too dry but had a hint of citrus as she liked to drink wine that reminded her of the wine that she had drunk when she lived in Adelaide before she was ma
ied and moved to Brisbane.
When James and his family went to the manufacturer and retailer to buy the wine, the Manager of Barossa Valley Mountain Wines Pty Ltd, assured them that the Shiraz was exactly what they required, not too dry but with a hint of citrus. In addition to the ve
al advice, the wine label clearly indicated that the wine met their requirements (not too dry but with a hint of citrus). They were happy to purchase the wine using their credit card and were given a tax invoice receipt.
When they went home to Brisbane, they gave Betty the case of wine and the receipt as she had offered to reimburse them. She was delighted and opened a bottle for the family to drink over dinner. Much to her disappointment, not only was the wine very dry it also tasted very bitter. It made her very ill. As she felt she was unable to drink the rest of the wine, she contacted Barossa Valley Mountain Wines Pty Ltd to get a refund. The Manager told that because she was not the one who had purchased the wine directly, she could not apply for a refund.
REPORT QUESTIONS:
In this scenario you should address these questions in order to provide advice to James’ mother Betty
Question 1: Explain whether Betty is entitled to exercise Australia Consumer Law guarantees and how long does she have to exercise her rights? (500 words)
Question 2: Provide advice to Betty what are the available remedies that she could apply under the Australian Consumer Law and what are the possible penalties that Barossa Valley Mountain Wines Pty Ltd could incur if there is deemed to be a
each of Australian Consumer Law? (1000 words)
Note: please ensure that you address the relevant Case Studies (precedents) and Statutory Provisions of the Competition and Consumer Act 2010 (Cth).
BUSINESS LAW 100
REQUIREMENTS (REPORT FORMAT)
Your report should be in the following format:
• Typed on A4 paper using Arial 11 point font and 1.5 spacing;
• Sequential page numbering;
• Title page with Student Name/Student Number and Subject Code/Subject Name;
• Accurate spelling, grammar, punctuation, paragraph construction and proofreading;
• Effective use of headings;
• Consistent and accurate acknowledgment of textbooks, legislation and case studies using APA reference style;
Use of Resources You are required to use a range of legal resources in addition to the textbooks including at least Eight (8) Online Legal Resources; and One (1) Statute...as supporting evidence for the arguments, analysis and discussion of the two Assignment questions.
PRESENTATION
Prepare a presentation using the following format (10 mins presentation)
1. Provide a
ief overview of the issues identified in the Case Study Report and the key issues identified under Australian Consumer Law.
CRITERIA USED TO GRADE THIS TASK
See Separate Marking Guide for detailed marking criteria and allocation
SUBMISSION DETAILS
Report Submissions and Presentations must be emailed to the Lecturer.
FEEDBACK AND RETURN OF WORK
BUSINESS LAW 100
Feedback and marks will be provided within 2 weeks of the submission.
Group Assessment 2- 25 Marks - Assignment and Presentation - Consumer Guarantees, Penalties and Remedies for Breaches
HD (80% - 100%) Distinction (70% - 79%) Credit (60% - 69%) Pass (50% - 59%) Fail (31% - 49%) Fail Minus (0% - 30%)
BUSINESS LAW 100
Limited Excellent identification and analysis of
Very good identification and
Good identification and
Satisfactory identification
and/or
Did not meet criteria Consumer Guarantees using
analysis of Consumer
analysis of Consumer
and analysis of Consumer
unsatisfactory identification examples from the Case Study
Guarantees using examples
Guarantees using examples
Guarantees using examples
and analysis of Consumer Detailed provision of both advice and
from the Case Study
from the Case Study
from the Case Study
Guarantees using examples recommendations
from the Case Study
Excellent discussion of the basis of Consumer Guarantees,
eaches, penalties, remedies and excellent use of examples from the Case Study
Very good discussion of the
Good discussion of the
Satisfactory discussion of
Limited and/or
Did not meet criteria basis of Consumer
asis of Consumer
the basis of Consumer
unsatisfactory discussion of Guarantees,
eaches,
Guarantees,
eaches,
Guarantees,
eaches,
the basis of Consumer penalties, remedies and
penalties, remedies and
penalties, remedies and
Guarantees,
eaches, excellent use of examples
excellent use of examples
excellent use of examples
penalties, remedies and from the Case Study
from the Case Study
from the Case Study
excellent use of examples from the Case Study
BUSINESS LAW 100
Assignment Assignment demonstrates an
Assignment demonstrates a
Assignment demonstrates a
Assignment demonstrates
demonstrates
Did not meet criteria excellent level and quality of
very good level and quality of
good level and quality of
satisfactory level and
an unsatisfactory level and academic writing with excellent
academic writing with
academic writing with
quality of academic writing
quality of academic writing expression and structure and with
excellent expression and
excellent expression and
with excellent expression
with a number of e
ors minimal e
ors within word limit
structure and with minimal
structure and with minimal
and structure and with
throughout e
ors within word limit.
e
ors within word limit
minimal e
ors within word limit
Assignment demonstrates an excellent level and quality of critical analysis, understanding, academic writing with excellent expression and structure and with minimal e
ors within word limit
Assignment demonstrates a
Assignment demonstrates a
Assignment demonstrates
Assignment demonstrates
Did not meet criteria very good level and quality of
good level and quality of
satisfactory level and
an unsatisfactory level and critical analysis,
critical analysis,
quality of critical analysis,
quality of critical analysis, understanding, academic
understanding, academic
understanding ,academic
understanding, academic writing with excellent
writing with excellent
writing with excellent
writing with a number of expression and structure and
expression and structure
expression and structure
e
ors throughout with minimal e
ors within
and with minimal e
ors
and with minimal e
ors word limit.
within word limit
within word limit
BUSINESS LAW 100
Answered Same Day Aug 24, 2021 LAW 100

Solution

Kalaivani answered on Aug 26 2021
145 Votes
AUSTRALIAN CONSUMER LAW
I. Law of Guarantee
a. Eligibility of Betty’s to exercise her rights
Betty is eligible to file a lawsuit since she can be categorized as a consumer as defined by ACL (Section 3) on the following grounds :
· She has acquired the wine for a price of less than $40,000.
· Even in case, the bottle of wine is exceeding $40,000, she purchased for personal consumption.
· The product i.e. wine is a consumer good and isn’t intended for re-sell or re-processing, etc.
It is important to verify the eligibility of Betty as a consumer since only consumers are entitled to a consumer guarantee. Until Betty doesn’t prove herself to be a consumer as defined by ACL, she will not be eligible for any remedy under the law.
Betty on the following grounds can exercise her right under the consumer guarantee (Supply of goods):
· Section 54, Acceptable quality – acceptable quality (Sec 54(2)) implies a product that is in an acceptable condition. It includes that that product should be as described and claimed by the manufacturer. The nature and the description of the wine as represented on the bottle didn’t match with the actual product. Though it was mentioned that the wine wasn’t too dry and had a hint of citrus taste, the actual product was dry and bitter. The manufacturer of the wine supplied the wine through his misleading representation. The manager failed to inform about the variation in the taste as required by Betty and the actual one. Apart from the label, the manager too failed to alter James about the difference in taste. The wine was unsafe for Betty since after consuming a glass of it, she fell ill.
· Fitness for the disclosed purpose (Section 55) – James has explicitly expressed his choice and taste to the manager, but yet a wrong product was sold to him fully aware of the mismatch. James made a clear and unambiguous specification about the wine taste. Despite doing so, the manager sold the wrong product without a word of caution.
· Description of the product (Section 56) – the description of the product on the label and the actual product weren’t similar and as per the choice of James/Betty. The label mentioned that the wine wasn’t too dry with a hint of citrus, which it wasn’t.
. Timeframe for the law of guarantee
Generally, the timeframe allowed by the law largely depends on the nature and seriousness of the damage or defect of the product i.e. Minor or Major. Either parties, sellers, and buyers, are given a "reasonable" time frame. A reasonable time is the average or acceptable time that such defects or actions ought to be undertaken against the other party. The term reasonable time is defined as per Chapter 3, Part 3-2, Division 1, and Subdivision A. hence in this case Betty can use her rights, as soon as she tastes the glass of wine. In this case, since the damage is minor, approximately 10 days can be taken to initiate the process of refund, exchange, or claim for damages.
II. Remedies offered to Betty
The nature and type of remedies for Betty is based on if the problem is minor or major. Major problems are the one that the manufacture or seller isn't competent enough to fix the issue. On the other hand, minor problems are the ones...
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