Reference no: EM133136955

Commercial Law

Case Study / Research Report

This assessment involves complex scenarios involving multiple areas of law requiring in depth analysis, problem solving and judgement with reward for the use of properly referenced academic and other independent sources beyond those presented in tutorials [2,000 words].
All submissions must address both Part A & B.

Student submissions should include a simple cover page that includes word counts for each question. In-text citations must be in the Harvard AGPS style. A single Harvard AGPS Reference List at the end of the submission should include all relevant references cited in both questions.

PART A - Case Study - 1,300 words

Audrey is employed as the Events Manager for NSW Wealth Managers Association headquartered in Sydney and she has the responsibility for arranging the 2022 Annual Members Conference to be held on 24 May 2022. The theme of this year's conference is ‘Investment and Superannuation' and Audrey's role is to ensure that all of the delegate's requirements are met including accommodation, food, clothing, and travel.

The annual conference will be held in Surfers Paradise, QLD this year and Audrey has to organise everything.

Audrey starts by looking up the website of XYZ Tours in order to book a bus for the purpose of the delegate's travel to and from the hotel to the conference centre during the 5 day visit to Surfers Paradise. The website clearly states that all bookings must be online. Audrey telephoned the company on 10 January 2022 and has a general discussion with Tommy, the company representative, about the availability of a bus, the dates and prices. She does not specifically confirm a booking or pay a deposit in that conversation.

A week later on 17 January 2022, Audrey posts a letter to XYZ Tours' office in Surfers Paradise stating that she wishes to proceed with her booking as discussed with Tommy.

In addition to the ‘booking' that she makes with XYZ Tours, Audrey books all the accommodation and other conference and travel activities through ‘A Class Travel' a travel agency. On 10 February 2022, Audrey realises that she has not yet organised any of the specially made jackets which the delegates will wear during the conference. She goes to ‘DEX Outfitters" to make these arrangements. She orders the jackets to be made with ‘NSW Wealth Managers Association - Annual Conference 2022' embroidered on the pocket. Audrey agrees to buy the jackets for $275 each after the shop owner says:

"Trust me, I have been in business for 20 years and my clothing is made from the finest quality cotton and workmanship. You will have no problems with the clothing. Look at this quality. I promise you that nothing will go wrong."

Audrey is so stressed that she has left things to the last minute and tells the shop owner that if he does not provide the clothing within 14 days she will destroy him and his business. When the clothing finally arrives Audrey discovers the jackets are not made from cotton and the logo says "2021" rather than "2022".

One week before the delegation is due to travel from Sydney to Surfers Paradise, the QLD Premier declares a state of emergency as a result of the worsening coronavirus pandemic and spreading infections, and decides to close all the borders. All flights are cancelled and all roads into QLD are closed. As a result, all event gatherings are prohibited until further notice.

Required:

Based on the above information and your knowledge of Australian contract and consumer law, answer the following questions (note Question 4 includes additional facts that must be considered):-

1. Outline and describe any legal contractual issues in relation to Audrey's booking with "XYZ Tours" and whether or not she/NSW Wealth Managers Association has/have a contractual arrangement with them. Use relevant cases to support your answer.

2. Outline and describe whether or not Audrey's conduct towards the shop owner at ‘DEX Outfitters" has any impact on the contract she has agreed to, for the manufacture of the delegate's jackets. Use relevant cases to support your answer.

3. Advise Audrey if her contract with ‘A Class Travel' is enforceable, given the state of emergency declaration, worsening coronavirus pandemic and the subsequent cancellation of all event gatherings. Use relevant cases to support your answer.

4. Due to great disappointment following the cancellation of their annual conference in Surfers Paradise, the NSW Wealth Managers Association decides to reschedule the conference to Katoomba in the blue mountains region of NSW. Unfortunately this trip

is a complete disaster, as the travel agent Audrey used failed to make bookings adequately to accommodate the whole delegation, didn't book enough tickets to the scenic mountains tour and failed to adequately cater for all attendees at the closing dinner.

With reference to this additional information, outline whether or not Audrey and/or the NSW Wealth Managers Association may sue for damages? Fully explain your answer and use relevant cases to support your answer.

5. For the purposes of the Australian Consumer Law (ACL) discuss whether or not Audrey would be a Consumer in her dealings with ‘DEX Outfitters'.

6. Has the shop owner of ‘DEX Outfitters' committed a breach of the Australian Consumer Law (ACL) in relation to his statement "Trust me, I have been in business for 20 years and my clothing is made from the finest quality cotton and workmanship. You will have no problems with the clothing. Look at this quality. I promise that nothing will go wrong" and the circumstances surrounding the jackets received by Audrey? Use relevant cases to support your answer.

PART B - Research Task - 700 words

Is common law and precedent still useful in regulating modern business practices or should we simply use legislation? Discuss this statement by:-

(a) comparing the characteristics of common law and legislation and the role of the courts and legislature in relation to the regulation and facilitation of business conduct; and

(b) contrasting the role of precedent and judges in dispute resolution, in civil law systems.

Attachment:- Commercial Law.rar