Problem-Based Questions

QUESTION 1

Is there a contract between Vanessa and Nikhil’s Car Sales Pty Ltd? Refer to relevant case law and principles in answering this question.                                                                                                                                             [5 marks]

QUESTION 2
Vanessa tells you that had she known about the true condition of the car, she never would have bought the car, and asks you to explain the legal situation to her. What rights does Vanessa have under the common law? Refer to any applicable case law and principles in answering this question. What remedies can Vanessa obtain under the common law?                                                                                                                                                              [7 marks]

 

QUESTION 3

Does Vanessa have any rights under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2)? Discuss any applicable legislative provisions and relevant case law. What remedies can Vanessa obtain under the Australian Consumer law?                                                                                                                   [8 marks]

 TOTAL MARKS [20 MARKS]

 

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