Julia Brennan is an Australian Super Model who had started an intensive fitness program to prepare for her new TV Commercial that will advertise a new type of gym equipment. She knows that she needs to be super fit. In addition to her fitness program, she decided to consult a dietician about what sort of food she should eat to accelerate her program. The dietician suggested that she have at least one protein smoothie every day. She had done a bit of research to find out what might be the best type of blender for her to buy. When she went to the local electrical store, she found that the only blenders that they had for sale did not meet her needs as they were not powerful enough for smoothies. So, she decided that she needed to go to a larger store. She had heard good things about, the “Super Big Brand Store” so decided to go there to purchase a blender that met her needs. She was very happy to find that the blender was on sale at the “Super Big Brand Store” The Sale Sign stated “Buy it today and you will get 50% off” it is high quality, superb, safe, and durable. You won’t regret it”. When she went to the counter to pay for it, she was informed by the Sales Assistant that the blender was not on sale for 50% off as the Sale Sign had stated. The Sales Assistant told her “sorry that was yesterday, and I cannot give you 50% discount! Julia was in a hurry and she just wanted to get started as soon as possible with her protein shakes, so she bought it and kept her receipt. She went back home, she plugged it in, and as soon as the blender started the upper lid came straight off as did the sharp blender blades. Unfortunately, the blades injured her right hand and she needed to go straight to the Hospital Emergency Department. 

The Doctor told her that she would need stitches in her hand, and she would be unable to use her hand for four weeks unless the cut had healed, and the stitches could be removed. Julia was very upset when she realised that she would not be able to participate in the planned TV Commercial and that another Super Model would have to take the job. She would also lose the $12,000 that was the agreed payment for the commercial. Three weeks after the accident, Julia went back to the “Super Big Brand Store” to complain about the blender and about the injury to her hand finger! While she was waiting for the Store Manager, she noticed that the same Sales Sign was displayed “Buy it today and you will get 50% off” it is high quality, superb, safe, and durable. You won’t regret it”. She asked the Sales Assistant whether the blender was 50% off as the Sales Sign had stated. The Sales Assistant responded, “Sorry that was Yesterday”. She realized that the displayed Sales Sign did not mention the date, so it was difficult to figure out why the Sales Assistants kept saying “Sorry that was Yesterday”. She started to suspect that there was something wrong with the way that the store was operating. Instead of waiting for the Store Manager, she decided to call a Solicitor from the firm “Injuries at Law” for legal advice.

QUESTION 1 – Contract Law 

• Please advise Julia, if she entered into a contract with the “Super Big Brand Store.”

o In your answer explain the meaning of the Contract and which elements need to be satisfied to be in a simple contract and how to identify if this contract can be invalided.

o You will need to address all the “essential elements of a simple contract” including (Offer and acceptance, intention, and consideration) as well as “elements of a valid contract” (Capacity, Legality, Genuine Consent, Mistake, Misrepresentation, Durres, Undue Influence and Unconscionability and explain if Julia can invalidate the contract.

o You will also need to address and explain what sort of remedies she will be entitled if she decides to void the contract and how long she will have to exercise legal actions under the Contract Law in Australia.

QUESTION 2 - TORT LAW (NEGLIGENCE) • Please advise Julia, if she has a claim under the tort of negligence.

o You need to address all the “essential elements under the tort of negligence”.

o You also need to address if the “Super Big Brand Store” has any defenses under the tort of negligence.

o Explain what sort of remedies she will be entitled to claim under the tort of negligence and how long she will have to exercise legal actions under the tort of negligence in Australia.

QUESTION 3 – Australian Consumer Law 

• Please advise Julia, if “Super Big Brand Store” breached her Australian Consumer Law Guarantees under the Competition and Consumer Act 2010 (Cth) Schedule 2.

o You need to justify your view as to whether these guarantees are available. Don’t forget to explain if Julia will be entitled to claim the remedies and

o You also need to explain if the “Super Big Brand Store” will have to pay penalties under the Competition and Consumer Act 2010 (Cth) Schedule 2.

o You need to address, how long she will have to exercise legal actions under the Australian Consumer Law in Australia.

Answer rating: 100% (QA)

Yes Julia entered into a contract with the Super Big Brand Store when she purchased the blender The contract was formed when she accepted the stores offer to sell her the blender at the advertised pri... View the full answer