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Part 1 “British and Australian courts over the centuries have been willing to extend and modify the rules of contract law to apply them to new technologies such as the post, telephone and facsimile”....

Part 1 “British and Australian courts over the centuries have been willing to extend and modify the rules of contract law to apply them to new technologies such as the post, telephone and facsimile”. Discuss whether or not, in your opinion, Parliament or the Courts would be the most appropriate way to deal with the application of contract law to online transactions. In your answer you are required to demonstrate your understand of the current debates and practices. Part 2 ‘ElecPar’ Pty Ltd imports electronic parts from ‘POW Ltd’ in India and assembles them in Australia into an electronic rower under the brand name ‘Pro Row’. The ‘Pow Row’ is sold throughout NSW by a large retailer trading as Gym G retail stores. ‘ElecPar’ Pty Ltd advertises ‘Pro Row’ on the radio and in both men and women’s health and fitness magazines. Their advertisements state that the: “Pro Row” will “reduce body fat, increase muscle size by 30%, reduce 20 cms off hips and waist without dieting within four weeks and will show instant results that last a lifetime”. The reality is that this product does none of these things. Additionally, ElecPar Pty Ltd also advertises that the “Pro Row” has been endorsed by and has been approved for use not just by the NSW Fitness Standards, but also by a leading fitness celebrity Mikki Brown. The product has not been approved by any standard or body and has certainly not been endorsed by Mikki Brown. Clover has been struggling with her weight and body image since the birth of her 3rd child, so her husband Darren buys her a brand new “Pro Row” from Gym G and gives it to her as a surprise gift. Clover is so excited that she immediately decides to try out her new rowing machine. Clover spends quite a lot of time reading the Instruction Manuel and uses the rowing machine according to the instruction. However, due to a fault in the rower, the cable snaps on the machine and Clover flies off the back of the machine and into the wall behind her landing heavily on her hip and suffers a broken tailbone and sever injury to her lower back. As a result of her injuries,



Oct 07, 2017
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