CLWM4000 Business & Corporations Law T1 2017 Assignment A 1, XXXXXXXXXX%) word individual assignment...

Question

CLWM4000 Business & Corporations Law T1 2017 Assignment A 1, XXXXXXXXXX%) word individual assignment on a problem question to be submitted electronically via Turnitin by Monday, 29 May 2017, 7:55pm AEST Assignment Question Adil wants to buy a car. He inspects several different vehicles advertised as brand new at a car dealership owned by Trang. He likes the look of a black Mitsubishi Pajero with leather seats and priced at $44,990. Trang convinces him that it is a great deal even though Trang knows the car has a defective gear box. He can tell Adil doesn’t understand English very well so he inserts a clause into the purchase agreement waiving his protection under the Australian Consumer Law statutory guarantees. One week later the car breaks down. Adil has the car towed to a mechanic that speaks his native language. The mechanic explains the car has travelled over 7,000kms and has a defective gear box. Trang refuses to refund Adil his money. He points out he agreed to waive his protection under the statutory guarantees when he signed the purchase agreement and claims he is not a consumer under the Australian Consumer Law anyway because the car cost more than $40,000. Advise Adil of his rights under the Australian Consumer Law.

Robert · Accepted Answer

Running head: AUSTRALIAN CONSUMER LAW  1
AUSTRALIAN CONSUMER LAW ASSIGNMENT 
Student’s Name: 
Institution’s Name: 
Course Title: 
Date:
AUSTRALIAN CONSUMER LAW  2
Legal Case Study Analysis 
Issue: As the consumer, Adil purchased a car from Trang. The car, a black Mitsubishi Pajero 
with leather seats was priced at $44,990. Trang convinced Adil that it was a good deal indeed 
and in the course of doing so Trang deliberately concealed the fact from Adil that the car was 
ingrained with a problem with the defective gearbox. Indulging in a fraudulent act, Trang, taking 
the advantage of Adil’s incapability of speaking English fluently, inserted a clause into the 
purchase agreement waiving Adil’s protection under the Australian Consumer Law statutory 
guarantees. It was after one week of purchasing the car that Adil had to suffer from car break 
down. When Adil took the car to a mechanic who spoke Adil’s native language, Adil understood 
that he was cheated by Trang who sold him a car that did run over 7,000kms and was with a 
defective gear box. When Adil approached Trang for a refund, Trang refuses to refund Adil his 
money and he also pointed out that Adil did agree to waive his protection under the statutory 
guarantees when he did sign the purchase agreement and Trang also claimed that Adil cannot be 
considered a consumer under the Australian Consumer Law as the car did cost more than 
$40,000.  
Rule: Under the Australian Consumer Law (ACL) every consumer transacting in Australia is 
protected under certain laws. The ACL provides protection to the consumer from unfair contract 
terms and it also ensures product safety. Moreover, under the “Avoiding unfair business 
practices guide” (2016) the ACL, in order to protect the consumers, covers “misleading or 
deceptive conduct, unconscionable conduct, false or misleading representations and related 
offences, information standards and country of origin representations.” Moreover, under the 
“Misleading or deceptive conduct” clause, ACL has made it clear that “Business conduct is 
likely to breach the law if it creates a misleading overall impression among the audience about 
AUSTRALIAN CONSUMER LAW  3
(for example) the price, value or quality of consumer goods or services” (Australian Consumer 
Law, 2016). Moreover,

CLWM4000 Business & Corporations Law T1 2017 Assignment A 1, XXXXXXXXXX%) word individual assignment on a problem question to be submitted electronically via Turnitin by Monday, 29 May 2017, 7:55pm...

Solution

Answer To This Question Is Available To Download

Related Questions & Answers

Submit New Assignment