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Introduction
LAW501: Commercial Law mainly drives that it is essential that businesses and/or a person must comply with the law of the land, in this case, legislation covered in Fiji.
In this group assignment, various laws must be interpreted to bring basic legislation to the knowledge of course participants, preferably the group members. Groups may undertake several practical analyses to understand the laws and complete this assignment clearly.
The legislation that must be covered particularly in this assignment are:
- Sale of Goods Act 1985 (Revised Edition)
- Consumer Credit Act 1999
- FCCC 2010 Decree
Assignment Tasks
Task 1: Implied Terms 20 Marks
You are a well-known mechanic in your community, and you agree to buy a car from Mervin. However, Mervin insists that you must carry out repairs on the same car engine before its delivery. You agree to the engine works and pay 30% of the price as deposit money. In the meantime, Mervin carries out the repair work himself but fails to notify you. The car eventually gets destroyed in a fire in Mervin’s garage. You are not insured and, subsequently, demand money back from Mervin for non–delivery.
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Task 2: Apply the Statutory and Possession 20 Marks
You own a computer shop on the outskirts of Tavua town. Your current stock take reveals that you have 600 desktops ready for sale to potential customers. The next day, you sell 100 computers to Jesus, 200 to Desmond and 500 to Pinto. All the buyers make advance cash payments; however, none of them is aware that your stock of PCs was in fact, limited. In a twist of events, your business winds up without any delivery to any of the customers. A receiver is appointed to handle this winding-up process. All three customers are now claiming the computers they had bought from the appointed receiver.
Task 3: Evaluate Remedies 20 Marks
As a newlywed couple, you take your wife to a romantic dinner out at “Bears on the Grill”. Once you get a decent table by the pool, you decide to order a bottle of red wine for your wife, Raina. She consumes half of the drink and discovers extraneous particles in the wine glass. She became ill and is placed under continuous treatment. The bottle of the wine has no identification marks on it to determine who the manufacturer is.
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Task 4: Apply Product Liability 20 Marks
You are a Lecturer in Graphic Design at the local University. You have recently obtained a travel brochure from the “A to Z” travel agency for your trip to the Kingdom of Tonga. During your stay in a 5-star hotel (described in the brochure) in Tongatapu, you fall through the plate-glass balcony doors and sustain serious injuries. You initiate claims and other damages against “A to Z” travel agency.
Task 5: Credit Agreements 20 Marks
You have recently acquired a loan of FJD $30 000 from TSB Bank to buy a car. The loan agreement states that the loan term is for 5 years with equal monthly instalments of $250. By the end of the third year, you are able to clear 45% of the total instalments. However, you default the upcoming next two months’ instalment and then plan a week-long holiday in Singapore when the next (3rd month) instalment is due. When you return from your trip, your loan officer communicates to you that the bank has terminated the agreement.
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