Assignment - Contract/TPA/SGA (1 Viewer)

[tiki3500]

Recieved this assignment for commercial law. If anyone could give me some direction i would greatly appreciate it! Obviously, i'm looking at the TPA, Goods ACT and the FTA. We are to assume a contract has already been formed, so no need to explore that.

Moderator Edit:

1. I have rewritten this post and adjusted the problem question so it is actually coherent.

2. Note that, in light of the policy we've adopted in the law section concerning assignment questions, giving detailed answers is to be discouraged. All students should be given guiding advice only. If you are so inclined, point them in the right direction, raise relevant sections, ideas or issues at play, but (as I'm sure you all agree) they should do the real and substantial part of the work themselves.

- MS

Assignment Question:

Swinging Tunes Pty Ltd is a Victorian based company which is in the business of selling Vintage Records to a loyal customer base throughout Australia by way of brochures through the mail. Each brochure contains the following information: "If you wish to buy all or any of the items referred to in this brochure, please complete and sign this form and we will post your records out to you within 14 days of receiving your order form."

Sho Pan receives a brochure in the mail and places an order for 30 records. He sends a cheque for the relevant amount together with the signed order form.

Swinging Tunes Pty Ltd receives Sho Pan’s order, fills it, banks the cheque which is subsequently honoured, and sends the records to Sho Pan.

Sho Pan receives the records in a damaged state due to a digital defect in the initial recording process. He wants to take action against Swinging Tunes Pty Ltd and informs them of this. They respond by bringing to his attention to the order form signed by him and on the back of which the following clause is printed:

"Swinging Tunes Pty Ltd will not be liable for any damage to the records howsoever caused and any express or implied condition or warranty, statutory or otherwise, not stated herein, is hereby excluded."

Sho Pan seeks your advice. He wants to know if Swinging Tunes Pty Ltd is liable to him under any statute. Why or why not? Give detailed reasoning for your advice. (Assume a contract exists between the parties.)

 

[hfis]

Re: Help needed Commercial Law

Oh ok I'll just get right on that research for you pronto.

One post too, good job.

 

[MoonlightSonata]

Re: Assignment Q: Contract/TPA/SGA

tiki3500,

I'd start by looking at sections 71 and 68 of the Trade Practices Act 1974 (Cth). The former with regard to the implied terms and the latter with regard to the exclusion clause.

You may find similar sections in certain state sale of goods legislation.

 

[Tom Ruprecht]

I'd start by first killing a chicken.

Then I'd crawl into foetal position and worry about the problem question.

And then I read the problem question again and highlight all the things that stand out or could be potential issues.

Then I'd open my textbook, catch up on all those readings and while I read, make note of things that are relevant to the problem question.

Then I'd list out all the contentious issues in the problem question - focus on the contentious issues, you may waste time proving things or going through standards of proof that aren't in issue. One line will often suffice on non-contentious things that you have to prove.

And then I apply case law/legislation to facts of the problem question.

And then I kill another chicken, and argue the case out with my friends. Because often they'll pick up on things that I miss out.

And then I hand it in at 5pm on the day, when it's due at 4pm, and worry that I've fucked it up cos I've only written it up during the last few days, or sometimes, finished it 1 hour past the last minute.

And then when I get it back, I'm pleasantly surprised at my mark. It turns out good. Often quite great.

The above approach always works for me. Dunno if you should try it. Everyone has a different approach.

 

[tiki3500]

Re: Help needed Commercial Law

Oh ok I'll just get right on that research for you pronto.

One post too, good job.

Oh Snap! I wasn't asking for research or answers.




MoonlightSonata - thanks for your help, much appreciated

 

[bbyu]

can anyone tell me, what is difference between GA s61 and TPA s68... thanks!!