Reference no: EM13302010

Question 1 - Case study

Look up the case of Schoupp v Verryt [2014] NSWDC 28, available on Austlii:

1. Identify if this is a civil or criminal dispute. Give reasons for your answer.

2. Explain the relevant facts and decision of the court.

3. Describe this area of law and the elements required to be proven to be successful under this area of law.

4. Identify which key principles (from relevant cases) the court applied in reaching its decision. Explain what this process is known as and the advantages of following this process.

5. Identify which key pieces of legislation did the court examine in arriving at its decision. Further, outline the process by which legislation is made.

6. Can this decision be appealed? If so, to which court(s) possibly?

Question II

1. Refer to the below articles.

(a) Explain which sections of the Australian Consumer Law were possibly breached and why.

(b) What remedies or penalties are available for breach of these sections?

theaustralian.com.au/business/federal-court-finds-coles-misleading-over-freshly-baked-bread/story-e6frg8zx-1226958866089

smh.com.au/business/retail/coles-rejects-unconscionable-conduct-allegations-20140630-zsrfe.html

2. Read the below article and explain why the couple was unsuccessful in claiming for breach of contract. Focus your answer on the chapter of ‘Terms of a Contract' and ‘Discharge of a Contract'.

smh.com.au/news/National/European-holiday-from-hell-but-no-breach-of-contract/2005/06/18/1119034102542.html

3. Read the below article:

smh.com.au/national/tertiary-education/wanted-whitecollar-crime-fighters-20140509-380q5.html

a. Explain the nature of the unethical conduct in question. Do you agree that the measures proposed in the article will be largely successful in preventing the occurrence of white collar crime?

Are there any other measures you can think of that companies can implement to combat white collar crime?

4. Read the below article and answer the following questions:

smh.com.au/money/investing/invest-with-conscience-20131022-2vxkx.html

a. Explain briefly the key ideas of this article.

b. In your opinion, can socially responsible investment drive changes within the practices of a company? Find any two examples of this in any other article you have come across.

Question III - Problem Question

Part A

Janet was browsing the local newspaper and came across an advertisement at Healthy Bodies Pty Ltd which had the following wording:

"Closing down sale. Up to 80% off on all organic products in our store. Hurry now-while stocks last."

Janet turns up at the store that afternoon and proceeds to the organic perfumes section. She picks up three bottles of perfume of the same brand (‘Vish'), which she observed were marked down from $100 to $50. She takes the products to the counter and was informed by the owner of the store that there was a mistake in the pricing of the bottles and that they were in fact $60 each. Janet asked if they could sell the bottles for $55 instead as she had remembered reading in the catalogues sent to her by the store's competitors that ‘Vish' was
only being sold for $55.

The owner stated that "My dear, $60 is the lowest price I can sell it for. However, our store has introduced a promotion as of today whereby anyone who spends a minimum of $100 in the store is eligible to attend a subsidised yoga session. This session normally costs $150
but you only need pay $50 for this session. The sessions will start tomorrow and will be conducted in the rooms behind us. You can pay when you turn up. "

Janet was unhappy about paying extra for the perfumes but thought that the subsidised yoga session was something she would benefit from.

The next day when she turned up for her yoga session, she was informed the yoga session was not being run and that it would be replaced by an aerobics class instead. Further, she finds out she has to pay an extra $10 for that class.

Advise Janet on her legal rights under contract law. Refer to relevant cases in your answer.

Part B

Now assume that when Janet turned up for the yoga session, the session was being run as promised. When she paid for her session, she was given a receipt and at the bottom of it in fine print was the following wording:

"We accept no responsibility for loss or damage to any of your belongings due to any reason whatsoever including where we have been negligent or where we have breached any contract. Please guard your belongings at all times."

She asks the representative whether the disclaimer would apply if she put her belongings in the lockers provided by the business. The representative replied stating:

"Oh no honey - the wording only applies if you kept your belongings anywhere else." Janet placed her belongings in the lockers provided. Janet came straight from work and had her Blackberry and some client files in her handbag.

When she was about to enter the classroom, she saw a noticeboard which had similar wording (as above) on it.

Janet returns from the break to find her Blackberry was stolen.

Advise Janet on her legal rights under contract law. Refer to relevant cases in your answer.