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Scenario Rocky Pop Pty Ltd is the promoter for ‘Big Nite Out’, a rock concert to be held at Centennial Park in Sydney at 8.00pm on 1 September 2017. Rocky Pop advertises the event on the internet and...

Scenario
Rocky Pop Pty Ltd is the promoter for ‘Big Nite Out’, a rock concert to be held at Centennial Park in Sydney at 8.00pm on 1 September 2017.  Rocky Pop advertises the event on the internet and in national newspapers as follows:
‘ On 1 September 2017, ‘Big Nite Out’ features Metalurgia, Australia’s most popular heavy metal band.. Tickets are $150 each.   Pay by electronic bank transfer or credit card to Rocky Pop Pty Ltd.  Your ticket will be sent by post within five days of receipt of payment….’
Rachael sees the advertisement, pays $150 by electronic transfer and receives her ticket in the post. Then, for the first time she notices at the bottom of the ticket the following notice:
‘This ticket is issued subject to the condition that in no circumstances will Rocky Pop Pty Ltd be liable for the non-attendance for any reason of Metalurgia at the ‘Big Nite Out’ on 1 September 2017 and no refund will be given on any issued ticket.’
All the band members of Metalurgia are arrested for drug dealing and imprisoned for 12 months on 1 August 2017.  Rocky Pop Pty Ltd sends an email message to all its customers that Metalurgia will not be performing at the ‘Big Nite Ou’t concert but instead The Hayseeds will be performing country and western tunes.  Rachael, who hates country and western music, claims a refund of her $150.  However Rocky Pop Pty Ltd informs Rachel there will be no refund.  Rocky Pop Pty Ltd refers Rachel to the exclusion clause and informs her that the concert will still go ahead on 1 September with the Hayseeds instead of Metalurgia- .

Weighting: 30 marks

Question XXXXXXXXXXwords) (20 marks)
Discuss, in a problem solving format, whether Rachel is likely to succeed in an action for a refund.
Your answer should be based on the common law of contract (specifically the rules and case law on exclusion clauses)
Question XXXXXXXXXXwords) (10 marks)
Assume Rachel refers Rocky Pop Pty Ltd’s conduct to the Australian Competition and Consumer Commission (ACCC).  The ACCC investigates and believes that Rocky Pop Pty Ltd has breached s18 and s64 of the Australian Consumer Law (ACL).
Discuss, in essay style, whether the ACCC is correct in believing that Rocky Pop Pty Ltd has breached these two sections of the ACL.



Oct 07, 2019
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