business law - 1199 Words

Consumers’ rights and the supply of goods and service P350 ï  ¬ Who is a consumer: s 3 ï  ® S 3(1) ï  µ A person who acquires goods that cost less than 40,000 or ï  µ if more than 40,000, the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption or a vehicle or trailer used mainly for transporting goods on public roads. ï  ® S 3(2) a person is not a consumer if the goods (regardless of price paid) are acquired: ï  µ -for the purpose of re-supply or ï  µ -for using them up or transforming them, in trade or commerce (business) in production or manufacture or ï  µ -repairing or treating other goods for fixtures on land. ï  ® Crago v Multiquip Pty Ltd (1998) Ostrich egg incubator is not ordinarily acquired for†¦show more content†¦work (including work of a professional nature), whether with or without the supply of goods ï  ® A contract for or in relation to the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction ï  ® A contract for or in relation to the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction ï  ® A contract between a banker and customer of the banker entered into in the course of the carrying on by the banker of the business of banking ï  ® Any contract for or in relation to the lending of money ï  ¬ the guarantees relating to the supply of services ï  ® a guarantee of due care skill: s 60 Read v Nerey Nominees Pty Ltd (1979) ï  ® a guarantee of fitness for particular purpose: s 61 ï  µ makes known to a supplier any particular purpose s 61(1) ï  µ reasonably relies on the skill or judgment of the supplier s 61(2) ï  µ the section does not apply if the consumer did not rely on, or it was unreasonably rely on.: s 61(3) Crawford v Mayne Nickless Ltd (1992) ï  ® supplied within a reasonable time: s 62 ï  ¬ statutory guarantees for supply of services cannot be excluded: s 64 ï  ® however the liability may be limited if ï  µ not consumer type services (not normally acquired for personal, household or domestic use) ï  µ reasonable to limit liability ï  ® Seller is permitted to limit its liability to ï  µ Supply services again or ï  µ Paying for services to be supplied again: sShow MoreRelatedBusiness Law And Ethics : Backoffice Business Brief1862 Words   |  8 Pages Running head: BACKOFFICE BUSINESS BRIEF 1 Business Law and Ethics BackOffice Business Brief Patten University BACKOFFICE BUSINESS BRIEF 2 Constitutional Rights and Guarantees BackOffice is a new startup business that will provide potential clients with an application (app) that woul d automate certain business functions. 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