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Home / Questions / Part 2 Case studies Each question is worth 10 marks Q 1 Masi went to Phongs whitegoods rep...

Part 2 Case studies Each question is worth 10 marks Q 1 Masi went to Phongs whitegoods repair shop in downtown Melbourne for Part 2 Case studies Each question is worth 10 marks

Part 2 Case studies Each question is worth 10 marks Q.1 Masi went to Phongs whitegoods repair shop in downtown Melbourne for

Part 2 Case studies Each question is worth 10 marks Q.1 Masi went to Phong's whitegoods repair shop in downtown Melbourne for the first time and left his microwave to be repaired. The shop was robbed and Phong had no insurance. When Masi returned to pick up his microwave on the date in which it was supposed to be repaired, Phong refused to compensate Masi for his loss. Phong draws Masi's attention to a small sign in a dimly lit corner of the shop which says "No liability accepted" and to an exclusion clause printed in small letters on the back of the receipt for the microwave. It states in old fashioned legal terms, which Phong had copied from an old law book, that he will not be liable for the loss or damage of goods left for repair under any circumstances Discuss whether Masi would succeed in gaining compensation for breach of contract Q.2 The sales manager at Rock n Roll Motorcycles Pty Ltd advertised a 2005 Ducati speedracer' as being "in prime working order" for $5,000. The advertisement also included the statement that there were a number of used good condition Kawasaki 'viper motorcycles. They were being sold from $2,000 to $10,000. Marlin 'Easy Rider' Brando reads the new advertisement in the local newspaper and the next day visits the shop. At the shop, he realised that, in fact, the Ducati advertised at $5,000 required considerable motor work repairs and there is only one used Kawasaki in store. The next cheapest motorcycle in store was a BMW luxury sports e34443i valued at $25,000. a. State and briefly explain which provisions of the Trade Practices Act have been breached. b. What remedies would be available?

Feb 08 2020 View more View Less

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