LAWS1018 Dealing with Customers and Competitors & Contract Law Paper Read the following factual account and answer ALL of the questions with reference to t

LAWS1018 Dealing with Customers and Competitors & Contract Law Paper Read the following factual account and answer ALL of the questions with reference to the principles of law covered in:Dealing with Customers and Competitors – Part 2Contract Law- Part 1 LAWS1018: BUSINESS LAW
Case Study – Part 2 (20%) – 1,000 words
Due 9 pm Friday May 3
Important Information for the Presentation and Submission of Written Assignments
The assignment must be submitted as a double lined space Word document (not a pdf).
It is not an essay, therefore, you do not need to have an introduction and conclusion.
Answer each of the questions in a series of short, clear sentences and paragraphs using the
numerical value for each question as a guide for how much you need to write.
It is important to use words accurately, to always use punctuation and to use headings to
guide the reader.
Please ensure that you clearly label which questions and parts of questions that you have
answered. Marks will be deducted where clear labelling is not provided.
Students must not exceed the word count on the assignment. The penalty for going above
the word count is 5% per 100 words, or part thereof. The word count does not include
headings, footnotes and list of references. However, footnotes must only be used for
referencing purposes and must not contain any lengthy text or discussion.
NOTE: Your teacher is NOT required to examine any draft copies of the assignment answers,
however, you can ask questions about the assignment in class when the assignment task is
being explained. If you miss this session then it is your own responsibility to find out any
relevant information about the assignment task and/or referencing requirements.
Referencing
Wherever possible, appropriate authorities (cases and/or legislation) should be referred to
in support of your statements and assertions.
Your written work may use the referencing style set out in the Australian Guide to Legal
Citation, published by the Melbourne University Law Review Association (for which there is
a link on the Business Law Moodle course site) OR you may use the Harvard system of
referencing.
For assistance with compiling the reference list at the conclusion of your paper please refer
to the University of Western Sydney – Sample Bibliography in the Assessment Summary on
the Business Law course site.
Business Law – Assignment Pt 1 201901
Turnitin
All written assignments must be submitted through Turnitin by the due date with a cover
sheet that includes your name and your student ID number.
A penalty of 5% will be deducted for each calendar day the assignment is late, unless a
formal application for extension of time has been granted prior to the assignment
submission date.
Instructions
Read the following factual account and answer ALL of the questions with reference to the
principles of law covered in:
Topic 5 (1): Dealing with Customers and Competitors – Part 2
Topic 6 (1): Contract Law- Part 1
Mangiare, the catering business owned by Danny and Alice, has been in operation for two
years and has earned a good reputation in the food hospitality industry, much to the envy of
some of its competitors, including Stardusts Restaurant, where Danny and Alice used to
work. Barry, the manager of Stardusts often looks over Mangiare’s web site, checking out
their menu and advertising. On their web site is the following advertisement:
Always on the lookout for something to complain about, Barry writes to Mangiare insisting
that their advertisement is misleading to consumers because he knows that Danny and Alice
do not prepare the food they supply to their customers themselves, so they should not be
referring to their dishes as “home-made”. Further, that since neither Danny nor Alice are of
Northern Italian descent it is blatantly false for them to assert that their recipes are “original”
and “family owned”.
Upon receipt of Barry’s letter Danny responds as follows:
Dear Barry
While we are not obliged to address your concerns about our advertising we would
like to clear up any misunderstandings that you seem to have regarding our cuisine.
First, we assure you that all our dishes are prepared in the homes of families to
whom we outsource our cooking, so they are “home-made”. Second, since all the
Business Law – Assignment Pt 1 201901
families are of Northern Italian origin and the recipes they use have been “handed
down”, we are entitled to make this claim in our advertising.
We trust that we shall hear no more about this matter.
Regards
Danny
Soon forgetting about Barry’s complaint, Danny focussed his attention on other matters
including negotiations for the purchase of another van for the business. Danny saw an
advertisement on “Kevin’s Vans” web site for the sale of a 2010 Toyota for $10,000. He
immediately contacted Kevin’s to arrange an inspection on Saturday morning. After
inspecting the van Danny offered Kevin $8,500 for it; however, Kevin said that “the price
was already heavily discounted” and that “he couldn’t let it go for anything less than
$9,500”. Danny said: “OK – I’m interested, but can you please give me until the close of
business on Monday to let you known whether I can afford it?” Kevin assured Danny that he
wouldn’t sell it to anyone else”. On Monday morning Danny telephoned “Kevin’s Van” with
a view to buying the van for $9,500. Kevin’s assistant, Tom, answered the phone and
informed Danny that the Kevin sold the van just before closing on Saturday afternoon to a
man called Barry, who claimed to be a manager of Stardusts and that he paid $10,000 cash
for it. Danny was extremely angry and insisted that Kevin was bound to sell the van to him.
Danny is threatening to take legal action against Kevin for breach of contract.
More recently, Simon, the curator of Pepper Leaf Art Gallery, contacted Mangiare inquiring
how much Mangiare would charge to cater for a special exhibition they were holding at the
gallery later that month, to be attended by some high profile guests. Alice wrote to Simon
quoting a total price of $2,000 which included all the necessary food and drinks. When he
received this letter Simon was pleased with the price quoted by Mangiare and on May 1
posted a letter at the post office accepting it.
After reviewing the price they had quoted Simon, Alice and Danny decided that Mangiare
could not afford to cater for the event for $2,000 and still make a profit, so on May 2 Alice
posted a letter to Simon in which she wrote: “we regret to inform you that we are unable to
do the catering for $2,000; however, we are prepared to cater for your function for $2,500.
We apologise for any inconvenience and look forward to hearing from you soon to finalise
the details.”
When Simon received this letter on May 4 he telephoned Mangiare insisting that the price
of $2,000 was already confirmed. When he spoke to Alice she informed him that they had
only just received his letter of confirmation that morning which was too late since he had
been informed about their change of price.
Business Law – Assignment Pt 1 201901
Question 1
Barry is not convinced by Danny’s response to his complaint about the “misleading”
advertising on Mangiare’s web site, so he decides to make an official complaint about it to
the Australian Competition and Consumer Commission (ACCC).
(a) Explain whether Barry has any legal right to bring an action against Mangiare under
the Australian Consumer Law (ACL).
[1 mark]
(b) Assuming that Barry is entitled to bring an action against Mangiare for misleading
and deceptive conduct, what remedy or remedies is he seeking against them?
[1 mark]
(c) Applying the test from Taco Company of Australia Inc. v Taco Bell Pty Ltd [1982] FCA
136; (1982) 42 ALR 177 discuss whether Mangiare has engaged in misleading and
deceptive conduct under section 18 of the ACL in relation to their advertising.
(Note: This answer requires you to relate the necessary elements of s 18 to the facts.
For example – is Mangiare a “person” for the purposes of s 18? What is the “conduct”
complained of by Barry? Would a reasonable person make the error that Barry
complains of?)
[6 marks]
Question 2
(a) With reference to the rules for offer and acceptance and any relevant case law
advise Danny whether Kevin was legally required to sell the van to him.
[5 marks]
(b) What could Danny have done to avoid this dispute with Kevin?
[2 mark]
Question 3
Simon insists that Mangiare is required to cater for his function for $2,000; whereas they
claim to be entitled to $2,500.
Business Law – Assignment Pt 1 201901
With reference to the rules for offer an acceptance explain whether or not Mangiare is
correct in claiming that they have a binding agreement with Red Pepper Gallery for the
provision of catering services for $2,500.
[5 marks]
TOTAL: 20 marks
Business Law – Assignment Pt 1 201901

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