Explain the relevant facts and decision of the court

Assignment Help Business Law and Ethics
Reference no: EM13318121

Question I - 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 - Short answer questions

1. Refer to the below articles.

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

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

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

https://www.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'.

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

3. Read the below article:

https://www.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?

b. What academic theories explain why a particular type of conduct is unethical.

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

https://www.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.

Verified Expert

Reference no: EM13318121

Questions Cloud

Wireless networking services in public places : Define 'throughput' in regards to wireless network. Use a practical method to measure throughput of a wireless network and you should provide any appropriate screenshots.
What is the average power consumed by this circuit : An ac generator with a frequency of 1.44 kilohertz and an rms voltage of 24.2 volts is connected in series with a 1.90 kilo-ohms resistor and a 330 mega hertz inductor. What is the average power consumed by this circuit
Find the average power consumed by this circuit : A generator with an rms voltage of 15\30V is connected in series to a resistor 3.25 kilo-ohm and a capacitor 3.50 microfarad. Using the frequency found in part A, find the average power consumed by this circuit
At what rate must heat be supplied to the power plant : At a coal-burning power plant a steam turbine is operated with a power output of 548 MW. At what rate must heat be supplied to the power plant by burning coal
Explain the relevant facts and decision of the court : Identify if this is a civil or criminal dispute and explain the relevant facts and decision of the court - Identify which key pieces of legislation did the court examine in arriving at its decision. Further, outline the process by which legislation..
Find the power factor for an rc circuit : Find the power factor for an RC circuit connected to a 70.0Hz generator with an rms voltage of 155 V
Determine the minimum elevation difference across channel : A 2 m diameter semicircular channel made of brickwork is to transport water to a distance of 1.7 km uniformly. If the flow rate is to reach 200 m3/min when the channel is full, determine the minimum elevation difference across the channel.
What is the distance of the two particles : What is the distance of closest approach of the two particles? (Assume that the gold nucleus remains stationary
At what load would you expect the specimen to fracture : Three-point bending test was performed on an aluminum oxide specimen having a circular cross section of radius 5.5 mm; the specimen fractured at a load of 850 N when the distance between the support points was 50 mm.

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Everyday moral and ethical norms

Unfortunately, everyday moral and ethical norms differ among people and, therefore, will differ among businesses. It only follows that a discussion of business ethics must begin with a discussion of ethics in general.

  Explain ownership of the engagement ring in divorce

Explain Ownership of the engagement ring in divorce and Where do you stand on this issue

  Objectives and purpose of workers compensation legislation

Discuss agency from the point of view of actual, implied, and apparent authority, estoppel, fiduciary duty, breach of duty, ratification, and vicarious liability and explain how the court will determine whether a person is an ..

  Describe an ethical dilemma that you faced in the workplace

Describe an ethical dilemma that you faced in the workplace and the course of action that you took. Analyse whether your decision was economically, legally and ethically responsible and defend your response.

  Legislation in the english legal system

Critically discuss the effectiveness of parliamentary and judicial controls over delegated legislation in the English legal system.

  Corporate abuse of power and economic

Analyze corporate abuse of power and economic exploitation, and determine which crime has the greatest negative impact to the greatest number of people. Explain your rationale.

  Explain business law and types of businesses

Explain Business Law and Types of Businesses and Consider each of the following forms of business- sole proprietorship and partnership

  Federal government of australia

In 2010 the Federal Government Of Australia introduced the Insurance Contracts Amendment Bill 2010 into Parliament. That Bill lapsed because the 2010 federal election was called. In 2013 amendments were made to the Insurance Contracts Act 1984 (Cth)

  When pam does not pay the loan

Pam borrows $5,000 from Quality Auto Sales to buy a car. When Pam does not pay the loan or return the car, Quality wants to transfers the right to the payment to Rapid Collection Agency. Rapid agrees to pay Quality for this right, but for a price tha..

  District''s interest in minimizing the risk

We conclude that the District's interest in minimizing the risk of injury to its employees outweighs the plaintiff's privacy interests. Therefore, the drug test which resulted in plaintiff's termination was constitutionally valid.

  What is the best argument that dbc is not liable

As to Jake's claim, what is the best argument that DBC is responsible for BSP's actions andalternatively, what is DBC's best defense?As to Phil's mothers claim, what is the best argument that DBC is liable? What is the bestargument that DBC is not..

  Lisa, the owner of shoe retaile

On 4 February 2014, Lisa, the owner of shoe retailer, Lisa's Shoes, which had several regional stores throughout Australia, sent the following fax to Mr Brown at Best. We refer to your notice in the 'National Advertiser' and would like to purchase 2,..

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd