Part A – consumer legislation affecting a procurement contract. You should refer to week 2 for the website links and notes to access the legislation. Part B – Australian Standards. You should refer to...

Part A – consumer legislation affecting a procurement contract. You should refer
to week 2 for the website links and notes to access the legislation.
Part B – Australian Standards. You should refer to weeks 3, 4 and 9 for the notes
and the supplementary reading material regarding contracts (uploaded to your
VU Collaborate page) and AS4000-1997 to answer this part.
PART A – CONSUMER LEGISLATION AFFECTING PROCUREMENT CONTRACTS
Background
You should refer to the notes and in-class exercise from week 2 and Schedule 2
of the Competition & Consumer Act (Cth) 2010:
Schedule 2 sets out a number of different consumer protections which are
automatically given to consumers who acquire goods or services in the course or
trade or commerce. Generally, these protections apply to goods or services that
cost less than $40,000 or are used for personal or domestic use.
Task
On 19 December 2014, the Australian Competition and Consumer Commission
(ACCC) published a media release (MR 317/14) regarding action taken against
LivingSocial Pty Ltd (Living Social), an online group buying site
1. Read the media release and the published undertaking at the bottom of the
media release page.
2. Summarise what the breach was, including:
a. identify the section(s) of the ACL that was breached;
b. summarise the main issues why the ACCC took action against
Living Social; and
c. discuss what consumer protections the ACCC was trying to
achieve. (15 marks)
3. Summarise the Undertaking entered into between the ACCC and LivingSocial
Pty Ltd, including what actions were agreed to be taken. (5 marks)
PART B – GENERAL CONTRACTUAL PRINCIPALS – DISPUTE RESOLUTION
Background
You should refer to the following:
Class notes from weeks 3, 4 and 9;
 the Contract Notes, which can be found under the supplementary reading
material on the VU Collaborate page; and
 Australian Standard AS 4000-1997.
Task
1. Read through chapter 6.4.1 of the Contract Notes and summarise the 4
main types of damages and the requirement to mitigate loss. (8 marks)
2. Read through chapter 6.5 to 6.5.7 (inclusive) – summarise the 4 main
ways a contract can be terminated / brought to an end. (8 marks)
3. Refer to AS4000-1997:
a. Identify the 4 main clauses that deal with termination of the
contract; and (2 marks)
b. map out the steps and time frame to resolve a dispute. (2 marks