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Table of Contents

Question 1. 3

Question 2. 3

Question 3. 4

Question 4. 5

Question 5. 6

Question 6. 6

Question 1

In this case, tort law will apply to civil breach. Here consumers have proven that due to manufacturing default patients have got pain in their hip replacement joint. In Australia, tort law is commonly used for civil wrongs. Unless or until it is barred by an individual entity, due to the wrong committed by the organization, the customer will apply torts law^[1]. Though in Australia there are various numbers of torts, torts commonly used for trespass and negligence. Tort law is mainly maintained by Australia by country or district court. Tort law is a substantial part of the Supreme Court. In addition to each state and territory of Australia some magistrate and local district court control tort law.

To complain to court, customers need to collect all essential documents and evidence. Then they need to apply for a limited duty process. In Australia, limited duty refers to individual obligation. The duty itself has two important functions for social issues. Here customers will complain about “proximate cause law”^[2]. Proximate cause law directly relates to injurious incidents. In proximity law focuses on actual incidents and gives significant-resolution, sometimes organizations need to pay a penalty for their manufacturing default. Here tort concern is on a direct property that affects all surroundings.

Question 2

a)      Yes, Karl has a legal ground to claim the hair cut price of $12 under consumer protection law. Australian consumer protection law (ACL) generally maintained by the Australian government. Australian Consumer Law focuses on a fair price, which refers to a correct and transparent price policy to reduce misleading consumers^[3]. ACL covers the total price of the product, in this case, the scenario barbershop first offers Karl to take their promotion and after that, they claim it was a mistake. For the barbershop, after providing a promotional offer they do not claim a higher charge.

b)     In this case, if Karl already had his haircut and shaved before informed real cost then the organization may claim for total value, though it depends on Karl that he will pay or not. Under the Australian Consumer protection law Karl may claim unfair contract terms which cover and protect consumer wealth. ACL offers various protection to their customer, these are-

●       Safety of buying product

●       When customers buy services and goods from shops then ACL protects consumer rights.

●       ACL laid by all agreements under consumer protection.

●       ACL also covers telephonic sales and door to door services.

 IN the territory and state of Australia ACL implements some guidelines under the consumer protection plan, which enforce all agencies under Australian territory.

The ASIC, ACCC protect all agencies to improve and build business guidelines under legal reactionary. Australian consumer protection law covers all financial activity such as charity, nonprofit organization and any fundraising program^[4]. ACL helps to reduce unfair business policy for their customers. ACL ensures customer guarantee which is responsible for good services, replacement or repair and refund process. ACL enforcement and compliance with unfair contract information. For unsolicited suppliers, ACL increases sales practices. This protection law covers all agreements and unfair terms of the policy. Australian national territory and state use ACL to guide legal practices with the help of consumer advocates.

Question 3

Yes, Joni will be successful in taking action against Miguel. Because fraud activity refers to false representation. It may happen by any organization or any person. False activity is considered an intentional matter such as it induced that intentionally that person occurs fraudulent activity. Miguel borrowed some money from Jono by telling him that he is 20 years old and an economically stable person. After that Jono identifies that Miguel's real age is 16 years and he is not an economically stable person, in that time after repaying the first instalment Miguel stops his payment to Jono. With similar this incident, Jono can lodge a file under tort law in Australia which refers to fraudulent activity. Simply this case scenario says that here a person unlawfully deprived another person.

Now, Jono may ask Miguel to repay the rest amount and also something extra compassionate. Tort law significantly helps a person who is suffering from any harmful activity and financial loss. Tort activity may be attached to public authorities, corporate entities and individual problems of a consumer. Tort law is generally created by common rules and regulation though somewhere it is treated as wrong statutory activity. In tort, there are some omissions and acts which help the authority to get compensation from loss. However, while the accused person initiates and proceeding to the court, during that action time tort action law will not work. Miguel may apply some common trots against Jono, these are-

●       He may be eligible for a negligible repayment procedure

●       Miguel may apply false impression activity against Jono

●       He also has an option to lodge tort law under defamation

In Australia, tort law^[5] is commonly used for repaying all damages and injurious incidents. In tort, law damages are considered as the value of the property. As a result of tort law, victims should need to cover all damages. Tort law may involvefinancial records, medical records and other proof of consequential damages. As a result, for a commission of a tort, it is liable to provide all kinds of damages.

In some cases, tort may help the injured party by stopping the injury, in that case, the victim is not liable to pay compensation. In Australia tort law is considered as two forms of liability one is a vicarious liability and another one is personal liability.

Question 4

Under Australian contract law, Charley may lodge a file against the Harley Davidson repairing store. Australian contract law helps to determine and easily make out all legal systems under the contract in both of consumer and organization. Australian contract law depends on “English common rules and regulation”^[6]. ACL significantly focuses on between Australian consumer and contracts laws, this law refers to some relevant legislation. This legislation format divides into five sections, these sections are-

●       Content and scope of the contracts

●       Avoidance of contractual agreement

●       Termination and performance of a contract

●       Issue and result in a breach of any contracts.

●       Contractual formation of a contract

In Australia, contracts law refers to any rules and regulation of certain promises. Australian contract law is also considered as common law by the Australian government. A contract law secures all promises under a legal authority between consumer and organization, if any of them violate rules and regulation in between of contract law then they should have to charge a huge amount of penalty. Contract law reflects the legal binding of promises. Under contract law, any party can enforce or complain. Contract law can not provide any legal advice. Contract law should not be used as a substitute for any legal advice. When contract law formulates between two parties, then it depends on consideration, agreement, intention, formality and capacity of the product value. For the avoidance of any issue in contract law, both parties should reduce unfair terms and conditions. Contract law provides security over the asset under the 2009 personal property security act (PPSA). In Australia, contract law has some exclusion and limitation to liability, though it depends on subject to operation.

Question 5

Yes, Samantha's solicitor is correct for this case scenario.

Samantha may sue the buyer for a breach of the contract and ask them for the damages including extra interest charges, which she incur with an expected date for a short term contract. On the Kogarah site, Samantha sells her unit during the sales. Samantha balanced the purchase price to secure short term finance of her business. When Samantha signed the contract then the contract was valid for 120 days. Throughout her vendor solicitor, she transfers a 10% deposit in her existing loan for a mortgage broker. Under this procedure, Samantha sells her unit. During this sale, the owner of this property released the money. But the problem arises when Samantha sells the property on an expected date. Samantha consulted with her solicitor to reduce additional charges. Samantha solicitors advice that she can exorbitant interest rate on her existing loan. To maintain the unit pay balance Samantha asks for damages and breach all contracts.

Question 6

Yes, the director has violated their duties under the corporation act 2001^[7]. They have violated some duties which include diligence and care of the organization for a proper purpose. This corporation actrefers to a huge number of directorate entities and additional fiduciaries. Under the corporate act 2001 legislation, it includes incorporated duties. The Australian government set up multiple incorporated organizations under this act. Organizations can find their detailed report under this legislation.

Yes, there are some parameters available for an organizational director. Under section 183 directors can reduce charge where they violate their duties. This act provides a civil obligation to a person who breaks the rule in a directorial rule. Other officers or directors can gain advantages into the corporation act for themselves. Director should be particular to his duty. Under section 184(3) in the corporation act, the director and other employees may consider it a criminal offence where they have misused their information.

In this current scenario, after eight months the director has realized that it was a bad idea and blamed all stakeholders. Under the corporation act, for breach of any statutory duties director may charge for some penalty which may charge up to $200,000. Under this act, officers may need to pay compensation under this profit. Due to the corporation act, the director may be disqualified from the organization. Section 182 says that the organization director, an employee of the organization detriment. In particular, business judgement directors need to maintain some parameters. These are-

●       For a significant purpose, the director needs to depend on the judgement procedure with good faith

●       The organizational director does not have any interest in personal material during the judgement procedure

●       The organization directly should rationally believe that judgment is the best practice for the corporation.

●       The corporation act also refers that organization must inform the director body for judgment procedure.

If the director may not be satisfied with the results then they may go to a higher court. After converting this case subordinate organization may not be responsible for any incident.