Introduction （the question is regarding to ? And Idenfity parties）
Body(Idenfity facts,Idenfity issues)
John works as the Chief Clerk for the large and prestigious law firm Sue, Grabbit & Runne in Canberra City.
As Chief Clerk with a staff of seven, he is accustomed to running the office. He has a range of duties that include arranging for and supervising staff, liaising with debtors and receiving payments and banking them on behalf of the firm, and also occasionally booking and paying for catering for office functions, such as the annual Christmas party and when special clients are being hosted by the Partners in the firm.
In late October he notices that Christmas is rapidly approaching and asks the Managing Partner what he should do. He is told to make inquiries, and to ensure that he gets the best possible deal (which he takes to mean the lowest reasonable price) by getting three quotations from quality establishments that John has made bookings with before.
The Managing Director then goes off on a sailing trip to the Antarctic and is uncontactable for three weeks. This has happened before and there have never been any problems with John acting on behalf of the firm.
John’s enquiries reveal that there is limited availability in the quality establishments favoured by the Managing Partner, and after getting the three required quotations. He finds that only the second cheapest (the middle of the three in price) has appropriate availability. Unfortunately, if he wants to secure the booking, he will have to book immediately, with a non-refundable full pre-payment required. Being a responsible man of action, he does this and books and makes the full pre-payment using moneys he had received on behalf of the firm hut not yet banked signing the form “John, Chief Clerk for Sue, Grabbit & Runne”.
The Managing Partner, on her return hears what has happened and says that she had food poisoning at that very restaurant just the month before and, flying into a rage, fires John on the spot and denies any responsibility for the restaurant debt.
Advise John of any legal liability that he might have, giving your reasons
Lucy, Felix and Kevin are students who are keen to earn and income in their spare time to finance their studies. Lucy has a truck, Felix owns a lawnmower and Kevin has a computer. They print out flyers advertising LFK’s Mowing Services, their registered business name. They drop the flyer in the neighbourhood letter boxes.
Within a short time they have a list of regular clients. Felix cuts the grass, Lucy removes the clippings and Kevin keeps the accounts. Felix decides that life would be much easier if they had a ride-on mower and orders one from Lawn and Garden Suppliers in the name of LFK’s Mowing Services. Neither Lucy nor Kevin were consulted about this purchase.
Meanwhile, Lucy develops a separate business relationship with LFK’s clients by removing rubbish from their properties on weekends while Felix and Kevin are busy studying. These clients pay Lucy cash that she deposits into her personal bank account. Lucy does not disclose this to Felix and Kevin.
When the bill for the ride-on mower arrives, there are insufficient funds it the account to pay for it, as Lucy has been buying petrol for the truck from LFK’s account. To make matters worse, while operating the ride-on mower, Felix hits a stump, falls off the ride-on mower and suffers serious injuries caused by the rotting blades. He later dies as a result of these injuries.
Please advise Lucy and Kevin:
a) what are the implication of their dealing through their registered business name including any obligations they have to Lawn and Garden Suppliers ; and
b) what effect, if any, Felix’s death will have on their business venture.
In your answer you must consider case law and or legislation as appropriate.
Getting ready for his well-deserved holiday at the coast, Adam took his Toyota to the dealer for a regular service. He told them, he intended to take the SUV to the South Coast for a couple of weeks and do some off-road driving, and wanted them to make sure the car is serviced accordingly, he didn’t want to be looking for a mechanic during the holiday period, neither did he want to be stranded in the middle of nowhere and have to be towed.
The dealer said that they would check everything and ensure there were no potential problems left unchecked. When Adam collected his car later that day, the dealer went over a checklist of all the work that was done and told Adam there were no problems, his car was in good condition and there was no reason to believe Adam should have anything but a great holiday. The dealer further drew Adam’s attention to a clause in the repair checklist stating that if the vehicle experienced problems over the next three months, the dealer would arrange for immediate repairs. Satisfied, Adam left to pack for his trip.
A week into his holiday, whilst Adam was driving on a designated dirt road, the suspension failed, Adam lost control and crashed his car into a tree. Although shaken up and terribly disappointed, Adam remembered the clause in the dealers repair invoice. He called the dealer and explained what happened. But the dealer referred Adam to a subsequent clause which stated that this guarantee only applied to damage sustained while the vehicle was driven in the ACT. Adam had not read the clause previously.
Adam is less than happy having his holiday ruined and his car damaged and the dealer unwilling to honour their repair guarantee. When he finally gives his statement to the police and arranges for his car to be towed to a garage, he comes to seek your advice as to his consumer rights.
You are to advice Adam what, if any, rights he may have under the ACL.
John won the lottery and decided to buy a replacement car for his worn-out Toyota, and to
find out what is available he logged into a number of different web sites, including Drive.com.au
He found several cars which looked extremely attractive, and settled on two that looked ideal.
The first of these was advertised in the following terms:
1986 Ferrari 360 Modena. Red. Low kilometers, regularly maintained by one lady
owner and only ever driven to the shops and the bowling club. Full service history
and has never been damaged $151,000 or near offer
The second was advertised in the following terms:
1985 Ferrari Modena Convertible Red with black alcantara leather interior Low
kilometers one owner vehicle maintained by a Ferrari mechanic. Prefect condition
and never crashed. $55,000 or near offer. LMD 45657.
Part A: John is very concerned that if he is to outlay a significant sum such as this, that he is adequately protected by the law.
Advise John of his rights under Consumer law, and what he needs to include in the contract
of sale to protect himself.
Part B: John has bought the 1985 car sight unseen off the internet from a licensed car dealer (Shifty’s Autos”) for the extraordinarily low price which he negotiated by email of $49,000, .by sending the contract which he read through on the internet. After he had driven it for six months, he found that it was starting to pull to the left of the road when he was trying to drive it straight. He goes to a specialist and finds that the car has suffered substantial damage in a previous crash, and it will: “cost $200,000 to replace the chassis. He asks Shifty’s Autos for a copy of the contract and when it arrives he finds that there is a clause which he had not noticed before (it is in the “fine print”) saying that “I certify that I have inspected the car and accept it as presented without reservation, and I agree not to make any claims regarding the condition of the car”.
Advise John as to what rights if any he has against the licensed dealer.