Assignment Question Adil wants to buy a car. He inspects several different vehicles advertised as brand new at a car dealership owned by Trang. He likes the look of a black Mitsubishi Pajero with...

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Assignment Question Adil wants to buy a car. He inspects several different vehicles advertised as brand new at a car dealership owned by Trang. He likes the look of a black Mitsubishi Pajero with leather seats and priced at $44,990. Trang convinces him that it is a great deal even though Trang knows the car has a defective gear box. He can tell Adil doesn’t understand English very well so he inserts a clause into the purchase agreement waiving his protection under the Australian Consumer Law statutory guarantees. One week later the car breaks down. Adil has the car towed to a mechanic that speaks his native language. The mechanic explains the car has travelled over 7,000kms and has a defective gear box. Trang refuses to refund Adil his money. He points out he agreed to waive his protection under the statutory guarantees when he signed the purchase agreement and claims he is not a consumer under the Australian Consumer Law anyway because the car cost more than $40,000.


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CLWM4000 Business & Corporations Law T1 2017 Assignment A 1,200 (+- 10%) word individual assignment on a problem question to be submitted electronically via Turnitin by Monday, 29 May 2017, 7:55pm AEST Assignment Question Adil wants to buy a car. He inspects several different vehicles advertised as brand new at a car dealership owned by Trang. He likes the look of a black Mitsubishi Pajero with leather seats and priced at $44,990. Trang convinces him that it is a great deal even though Trang knows the car has a defective gear box. He can tell Adil doesn’t understand English very well so he inserts a clause into the purchase agreement waiving his protection under the Australian Consumer Law statutory guarantees. One week later the car breaks down. Adil has the car towed to a mechanic that speaks his native language. The mechanic explains the car has travelled over 7,000kms and has a defective gear box. Trang refuses to refund Adil his money. He points out he agreed to waive his protection under the statutory guarantees when he signed the purchase agreement and claims he is not a consumer under the Australian Consumer Law anyway because the car cost more than $40,000. Advise Adil of his rights under the Australian Consumer Law.



Answered Same DayDec 26, 2021

Answer To: Assignment Question Adil wants to buy a car. He inspects several different vehicles advertised as...

David answered on Dec 26 2021
113 Votes
Running head: SHORT TITLE OF PAPER (<= 50 CHARACTERS)
Running head: CONSUMER PROTECTION UNDER AUSTRALIAN CONSUMER LAW 1
Consumer Protection under Aust
ralian Consumer Law
6
Protection under Australian Consumer Law: Case study
Student Name
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Date
Instructor Name
Consumer Protection under Australian Consumer Law: A Case study
According to Australian consumer law, a person could be considered a consumer if he purchases goods or services costing less than $40,000 or alternatively, the cost of goods or services is greater than $40,000, but these are used for domestic, household or personal use or consumption
As Adil has bought a black Mitsubishi Pajero priced at $44,990 for his own personal use, therefore, he is a consumer and Australian consumer laws are applicable to his purchase. Since Adil has purchased a defective car from Trang who owns a car dealership and Adil is a consumer as per Australian consumer law, therefore, he can turn to Australian Consumer Law for helping him resolve the issue. Australian Consumer Law covers all new and used cars that are purchased through car dealerships. Australian Consumer Law provides the following guarantees for New and used cars purchased from a car dealer.
Fit for purpose
Cars purchased from car dealerships should be ‘fit for purpose’. Australian Consumer Law doesn’t expect Adil to find hidden problems within the car, since they cannot be easily detected and therefore, car dealer cannot refuse to help Adil with his effective car for hidden problems.
Acceptable quality
Car that Adil purchased should be of an ‘acceptable quality’. The complete car is covered and the car dealer has no right to argue that that only a portion of the car is covered, while other portions are not covered
Defect Free
The car that Adil purchased should be “defect free”. The car dealer must provide a guarantee that the car has no faults when Adil purchased it from him. The dealer is refrained from stating that consumer guarantees similar to defect free guarantees are applicable only to buyers getting their cars serviced through them. The consumer guarantees will apply even if Adil gets his car serviced from somewhere else....
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