8/14/2019 Faculty of Business, Was Placed in A

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Faculty of Business, was placed in a stressful position. In order to honour this contract,When the new lens arrived, Patricia's troubles continued. The machine could not reduce andBob sent Patricia an account for the new lens, which Patricia refused to pay because she tShe did however, notice the following clause:'Any conditions, statutory or otherwise, not contained herein are excluded.'[a] What legal rights (including remedies) would Patricia have against Bob's Warehouse Pty[15 marks]

[b] What legal rights (including remedies) would Patricia have against Bob's Warehouse Pty[15 marks]Part 1Clearly a contract exists here. The issue is what, if any, legal rights Patricia Wu have aPatricia best course of action would be under the Trade Practices Act (Cth) 1974 or the GoStep one is to check whether the seller is a corporation, Patricia purchased the photocopiStep two is whether the contract is a consumer contract. A consumer contract is when the pStep three is whether the sale was in the course of business. This means that the sale wasThe final step is that the sale was not at an auction. As the photocopier was bought fromHowever Patricia must prove that the contract has been breached. The first way to see if iThe first implied term that has been breached is the term of merchantable quality under seAlso Patricia was not aware of the defect prior to sale and any inspection made by Patrici

The next implied term that has been breached is fitness for purpose under section 71(2) ofPatricia described to the salesperson that she needed the photocopier for her business ofThe final implied term that has been breached is the term of correspondence with descriptiThe Trade Practices Act does not allow terms to be excluded under section 68. If any termPatricia will not be able to terminate the contract as the contact is already complete, shHowever she may try to rescind the contract for misrepresentation, as Shirley misrepresentRescinding a contract means that the parties involved are returned to the position they weThe other option that Patricia has is to sue for damages, which is the most common remedyThe damages that Patricia could sue for in this case is the $10,000 for the new lens as thThe hiring of the photocopier from Joe's Office Supplies for 14 days at $100 a day amounteFinally Patricia may with extreme difficulty be able sue for damages for disappointment anPatricia may attempt to prove that she was extremely distressed when she received a $50,00The best step for Patricia would be to rescind the contract, however as I said earlier tha