TUTORIAL ASSIGNMENT
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A tort law happens
only when someone did wrong with other individuals. The law generally aims to
return any individual back to their previous position and ensure them from any
kind of unnecessary losses.
One of the most important areas of tort law is duty of care. A tort is
committed when someone fails to do his duty properly, which causes injury to
someone as shown in this case study. In this case, the organization fails to
ensure the quality of their titanium hipbone replacement material, which causes
severe pain to the patient after replacing hipbone. There are few stages to
establish duty of care in tort law in this case scenario,
1.
The harm here is
reasonably certain
2.
There is also a
proximity relation between organization and consumer, which break in this case
3.
The duty is broken here
(an organization's duty is to maintain their product quality)
4.
That breach of duty
case injury to the patient
Tort happened here
is uncertain and the organization is responsible for the injury. In addition,
there are three types of damages in tort law such as,
1.
General damage: which is includes pain (happened in this
case), emotional distress and suffering,
2.
Aggravated
damages: Mental
distress
3.
Punitive
damage: If damage
causes so serious injury, for example, injury happened in this scenario.
The Australian
Consumer law guarantees every consumer for the goods they buy or service they
are being offered which includes, replacement, refund, repair, and compensation
for any kind of damages.
In the Australian consumers’ law, consumer guarantee applies automatically in
any kind of service or product. The law also claims false promises given to the
consumer as the case happened in this case scenario.
a)
In this case, a sales
representative handed a flyer to Karl about a haircut and shave under $12,
which later he came to know it would be $22 instead of $12. False promises
happened here which break consumer law. As the Lion’s Mane Barber Shop made a
false promise to Karl, he has the right to take legal action to claim $12,
which he paid already. Australian consumer law ensures the right to consumer
satisfaction as well as satisfactory services toward its consumer.
b)
Under right to be
informed in Australian consumer law, the right to be informed generally
provides facts, which are needed to make an informed choice to a consumer,
which protects a consumer from misleading and dishonest labelling as well as
advertisement. In addition, Australian consumer law also provides customers to
select from a service or product range offered with a competitive price by any
providers. If the barber asks Karl to pay $22 instead of $12, Karl is not bound
to pay full price as it was not mentioned in the flyer or not informed by the
manager of that barbershop. In addition, Australian consumer law also ensures a
fair settlement, which has been claimed before any services, includes
misrepresentation as well as compensation for unsatisfactory services, which
happened in this case. In this circumstance, Karl has the right not to pay full
price, which is $22.
Tort of deceit
happens when a person knowingly or intentionally deceives another individual
into any action, which causes damage to that person; it is on kind of legal injury,
which occurred. A tort generally arises from a false or untrue statement
provided by someone intentionally or recklessly with the intention, which may
be acted by another individual who may suffer any kind of damage as a result. In
addition, it is the action or practice of deceiving any person by
misrepresenting any kind of truth. In Miguel and next-door neighbour Jono's case,
it is clear that Miguel decided to misrepresent information about his age,
which has been considered to be leading to Jono financial damage by wilfully
and recklessly causing him to trust and believe an act according to this. In
addition, Miguel also made false statements about his real age and denied to
pay another two-fortuity payment of his taken loan, which is around $2000.
There are few elements to claim any decades are given below.
●
A false or misleading
statement of law or act
●
Fraud by any individual
by knowing that the representations made by them were false or it was reckless
about false and truth
●
Damaged which has been
suffered by any client in reliance on any representation
In general,
acceptance of any kind of jurists, which is causation in centre to the law of
tort for both of a philosophical level and practical? First, there should be a
representation of fact, which should be made by word. Secondly, the
representation needs to be made with proper knowledge that is meant to be
false. Thirdly, it must be made intentionally, which happened in that
particular case. The tort law does not provide any exhaustive catalogue of any
obligation or entitlement of under age. Children or under age people come in a
special category in tort law due the act of fraudulent committed by any underage
cannot be compared with the act of fraudulent committed by any adult. Under ages,
get an exception in tort law. In this case, court will draw distinction between
the casualty and action, which will be taken. In addition, the statement made
by Miguel is not written to prove it to the court. In addition, minors do not
get any special consideration in tort acts but their age should be considered.
Contract law
generally encompasses any regulation or law, which has been directed to any
particular promises.
Contract law defines any contract as a legal agreement, which is generally
enforced by law. The contract law generally focused on common contract law with
a few references, which are relevant to any kind of legislation. It is
generally divided in five parts, contract information, avoidance of contractual
obligation, content and scope of contract, termination and performance of
contract, and contract breach. Contract law also added some information, which
is related to customer guarantee as well as any unfair terms and conditions in
customer contracts. There is a wide range of statutes provided as consumer
rights in contract law. Under contract law, with a limited exception, contract
law does not bind those persons who are not any parties of a contract. However,
if any contract made a trust to the third party, that person is able to enforce
the contract under contract law. In this particular Harley Davidson case, the
promises made in this contract were false. The manufacturing date of that
motorcycle as well as kilometre run made in this case is false. The legal
action must be taken under contract law to the seller of the bike. The parties
who generally breached (Pete’s Motorcycle Dealership) must pay
compensation due to the violence of contract law, as the promise made by the
contract was false. Consumer right act under contract law also ensures consumer
right about violation of contract or misguidance of any information related to
product, which happened in Charli’s case. If a party does not fulfil its
obligation under contract agreement, the injured party such as Charles has the
right to recover his potential damages caused due to the contract breach. In
general, courts need to require that particular server be monitored in nature.
In addition, Charlie needs to prove that the contract has been breached along
with his total damage. Under contract law, Charli will be able to get
compensation.
A breach of contract
is generally a failure without any legal excuses, to perform any kind of promises,
which forms part of a contract.
This also includes failure to perform any action, which has been promised to
someone. When any party claim about contract breach judge may ask several
questions,
●
Did a contract exist
●
If the contract
modified in anytime
●
Damaged caused due to
breech
●
If the breach party has
any authority to enforce contract
In Samantha's case,
the buyer missed the deadline of buying Samantha's Oatley unit, which was
mentioned in the contract. This breach of contract can causes severe damage to
Samantha, which may affect his new unit in Kogarah. Somehow, Samantha’s
solicitor is correct in this case. Under the violation of contract under
contract law, the buyer is bound to pay compensation including extra interest.
In addition, if the breach is minor, non-breaching parties are able to recover
damages from the breaching party under the contract law.
The
corporation act 2001 (Cth) is the act of Australia that sets out the dealing of law with
organizational entities in Australia at interstate and federal level. The
corporation act also imposed several additional duties to the directors of an
organization under that regulation.
An individual who is appointed as a director of any organization must need to
comply with the Act in carrying out managerial duties. Section 181 of Corporate
act 2001
(Cth) inflicts a civil obligation to secretaries, directors as well as other
corporate officers to exercise their organizational power and not doing their
organizational duties for good faith, for the good interest of an organization
as well as for a proper purpose. Under section, 181(1) of the corporation act
such a breach happened in this particular ‘Octagon Supplementary’ case will be
considered a criminal offence because the breach happens due to the higher
authority of the organization and losses occur to the stockholders. In addition,
section 180 of this act also provides civil obligation that a manager or higher
authority is unable to act with good diligence and care. In this case, the
managers are unable to predict business of the organizations new venture and
stockholders losses a huge amount of money. Breach of duties also draws a penalty
under construction law. In section 184(2) of corporation act a director of an
organization commits an offence if the manager uses his position wrongly. The
organizational director will not get any benefits due to the violation of
corporate act. The director of the organization needs to give his statement to
the stockholder about their losses as well as he or she needs to give
compensation regarding their losses. In some of the cases, a director may be
disqualified from his post.
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