StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Exam question - Essay Example

Comments (0) Cite this document
Summary
1. Whether Beta Restaurant can successfully sue Commercial Ovens Co. under the Trade Practices Act 1974 (Cth) (You should consider the implied terms as well as the misleading and deceptive provisions of the TPA) (6 marks)
Part V Div 1 is the core of this act, whereby it prohibits the use of false trade descriptions, because it deals with unfair practices; whereby there has been misrepresentation in some form or other…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.4% of users find it useful
Exam question
Read TextPreview

Extract of sample "Exam question"

Download file to see previous pages The case of Taco Co of Australia v Taco Bell P/l (1982) ATPR 40-303 sets forth the guidelines of what is deceptive and misleading. There must be a relevant section of the public that the statement is aimed; in this case as good as new are the purchasers of ovens; as is the information of serving in the last month. That there was a misled consumer/bystander who came to an erroneous conclusion, which is the belief that the oven was just serviced. Finally, the reason for the misconception needs to be discerned, which in this case is directly from the mouth of the representative. Therefore in the case of Commercial Ovens co there is a breach of s. 52, but there has also been a breach of s. 53, which is a specific false representation which is also a criminal offence.
There are a variety of remedies for Beta Restaurant which are under s. 79 fines if there is a breach of a criminally sanctioning section, such as s. 53. Prosecutions have to be done by the ACCC. In addition there are injunctions, as s. 80, which can be made by any person. The applicant need not have suffered from the misrepresentation, as per World Series Cricket P/L v Parish (1977) ATPR 40-040. There can also be the disclosure of information or corrective advertising, which is also contained within s. 80, as per Janssen Pharmaceutical P/L v Pfizer P/L (1986) ATPR 50-654. There are also damages as covered under s. 82 that Beta may also receive. The applicant needs to establish three scenarios, which are; a loss or damage has occurred; the conduct contravenes; and the loss or damage was caused by the respondent's conduct. In this case there has been a loss due to the loss of business, because the deserts were not ready. The conduct has contravened Part V because there has been a misrepresentation. Finally, if Beta had known about the servicing and actual state of the oven then they would have bought or planned differently. The misrepresentation therefore has caused the loss. The damages would be the amount if the misleading conduct had not happened, in addition as per Steiner v Magic Carpet Tours P/L (1984) allows for mental anguish or loss of enjoyment damages also to be added to the actual damages. Beta is probably entitled to both sets of damages because the misleading information will have led to loss of reputation, which would cause mental anguish. The one fact that Beta has to remember is to sue within 6 years from when the damage is suffered.
3. Will the ACCC be interested in Commercial Ovens Co. (2 marks)
The answer is yes because Commercial Ovens will have breached s. 53 for direct misrepresentation over the servicing of the ovens, which lends itself directly to the statement of as good as new. Therefore criminal sanctions should be taken by the ACCC.
Question 2:
Matt and Bill's partnership to be a legitimate partnership in business has to satisfy three categories, which are; carrying on a business; in common; with a view to a profit. Matt and Bill's partnership has satisfied these three factors. They are carrying on a business, which is a restaurant called Silver Spoons. They are both ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Exam question Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Exam question Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1502314-exam-question
(Exam Question Essay Example | Topics and Well Written Essays - 1000 Words)
Exam Question Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1502314-exam-question.
“Exam Question Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1502314-exam-question.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Exam question

Exam question

...?Question Restorative Justice a) What is Restorative Justice? Restorative justice is “the process through which parties with a stake in a specific offence collectively resolve to deal with the aftermath of the offence and its implications for justice” (CPS, 2012). Restorative justice refers to the system whereby people who took part in an offence play a proactive role in supporting the justice system to bring back those affected by the crime to their former status. Restorative justice involves some kind of victim-offender mediation either directly or indirectly with the view of getting the two parties to connect and possibly make amends for the wrong done and find solutions. Restorative justice is less punitive than the traditional justice...
15 Pages(3750 words)Essay

American Literature Exam question

...?At the end of the book, Linda s that she is still waiting to have her greatest dream fulfilled - that of creating a real home for herself and her children. This aching desire for a comfortable and safe home runs throughout this book, but Jacobs still does not present the domestic sphere as a safe retreat. Rather, it is a distorted vision of dehumanization and deformed human relations, because slavery affects the family in the most horrible of ways, resulting in fractured family ties. We witness Aunt Martha struggling to keep her family together, but her children get sold. Linda is denied the right to raise her own children, as are many other black women. Slaves are not allowed to marry whom they choose, and a black husband... the end of the...
1 Pages(250 words)Coursework

Answer for exam question

...? Number: Question 1A: analysis of African culture using Hofstede theory of culture Introduction Africa is incredibly diverse, and the continent has numerous countries. Each country in Africa has an array of tribes, who have their unique language and culture. A country like Uganda is so small, yet it has more than thirty tribes. Kenya has more than forty tribes, each speaking a different language. Most of the continent’s cultural activity centers on family, art, music and the ethnic group. Although the continent has diverse countries and hundreds of tribes, most of the national cultures in Africa reflect characteristics and features advanced by Hofstede. African culture characteristics Edoho (2001) asserts that the African culture...
4 Pages(1000 words)Essay

Genetics exam question

...The National DNA Database: Potential for Abuse Advances in DNA technology have made it quicker and less expensive to identify a person or physical evidence based on DNA matching. The United Kingdom maintains the largest DNA database in the world with over 5.2 percent of the population having been catalogued (The national DNA database 2007). The number of people on file in the database has expanded due to recent changes in the law that allow the police to take samples from anyone that is detained for an offence whether they are ultimately convicted or not. While proponents extol the benefits to society through the increased potential for arrest and conviction of criminal elements, critics contend that the system opens the door... National DNA...
4 Pages(1000 words)Essay

Computing security exam question

...Running Head: Public Key Infrastructure Public Key Infrastructure of Public Key Infrastructure Introduction Public Key Infrastructure (PKI) refers to an array of electronic devices, applications, guidelines, and methods that play a crucial role in the organization and management of digital certificates. Advanced business structures, online trade, and streamlined business operations require flexible and vibrant security procedures. The Internet has emerged as a popular environment for global business activities. The anonymity and vulnerability of the Internet has led to high levels of awareness regarding security. Consumer segments utilizing the Internet as a business platform have frequently stipulated the presence of secure... Head: Public...
4 Pages(1000 words)Essay

Comperhension Exam Question ED.d

...Comprehension Exam Question ED.d  Leadership and the Art of Change Movement The changing societal patterns are increasingly putting more stress to the educational institutions to become the torchbearers of the reformatory movement. Thus, the level of responsibility entrusted on the shoulder of the educational leaders is also countering rapid changes. Educational Leaders need now to operate in a more complex sphere with the collaborative effort of his subordinate team. Huge amount of responsibility entrusted on the educational leaders to cite newer solutions to the ever-growing nature of social problems have led them to take to newer roles. In the previous days the educational leaders use to operate on an autocratic tone. However... Exam...
10 Pages(2500 words)Essay

Exam question

... Canadian Social Welfare Introduction The social welfare was developed as a result of Canada trying to redeem its masses from the negative effects of the great depression in 1930s and those of the Second World War in 1945. The Canadian government wanted its people to gain social, political and economic stability and that is why the governments present amended laws and enacted new legislations to ensure the stability. These social welfare services were in the form of hospitalization reforms, unemployment acts, higher education and vocational reforms among others which were present in those provinces. In the depression period of 1930s, the economy in majority of the countries was down and cases of massive corruption were reported... Canadian...
2 Pages(500 words)Essay

Exam question

...Exam Question Compare and contrast the influence that change in these domains has had on the management and implementation of secure information systems Specialist Questions: 1. Explain the underlying principles of a public key encryption system, comparing them with those of a symmetrical cryptosystem. Give examples of commercial applications of both systems. Symmetric encryption is also known as single key encryption or conventional encryption. This was the only type of encryption that was used before the development of public-key encryption. The assumption is that it is impractical to decrypt a message on the basis of the Cipher text while utilizing the knowledge of the encryption or decryption algorithm. In other words... Question...
8 Pages(2000 words)Coursework

Exam question

... Q The Europeans were largely driven to create overseas empires because of the need to ensure that they were able to access the resources that were needed the most in the home countries. The high demand for such products as sugar, cotton, and tobacco meant that many European countries worked towards the development of overseas empires which would ensure that these products were available to them in plenty. Moreover, the Europeans at the time believed that they were the most civilized of nations and because of this; they set out to develop empires over other peoples across the world as a means of fulfilling their civilizing mission. Furthermore, overseas empires were created for the sake of prestige since during this period; most... Q The...
5 Pages(1250 words)Essay

EXAM QUESTION

...Exam Question Exam Questions Q Equity equity refers to the sum of the discounted lifetime values summed over the entire firm’s existing and potential customers. It is a parameter used in the valuation of the company, a company with greater customer equity will have a higher cost. The goal of this method based on planning is to overcome some of the limitations of growth by underestimating the value of keeping current customers. Customer equity gives the benefit of projection of cash inflows based on forecasts of sales volume, product mix, unit prices and the actions of the competitors. The expected cash outflows depend on the bulge of various cost elements, working capital and venture requirement. Particularly the inaccuracy of subjective...
2 Pages(500 words)Coursework

The United Kingdom and Saudi Arabia Gender Question

In other countries, such as the Arab Nations, it could be quite dangerous to assume that what will work in England will also work in Saudi Arabia. This is because the basic culture in existence there will be significantly different, affecting tremendously the way in which they view certain cultural issues and the importance they place on adhering to their laws, whether one was aware of them or not. One of the greatest areas in which these differences can be traced is in the way in which women are treated or expected to behave within these various countries. Not only laws, but journals, magazines, marketing campaigns and other media ventures can help illuminate the real response to issues such as these through the careful tracking...
14 Pages(3500 words)Case Study

Gobbet Question on Augustus Res Gestae

In a similar manner, the laws of the republic are also important for August's since he avenged the murder of his adopted father through legal means and tribunals established by law. The Res Gestae mentions that Augustus was offered the dictatorship by both the senate and the people but he refused it. He was also offered the consulship of Rome for life yet he refused when the document was written he had been consul thirteen times and had held tribunician power for thirty-seven continuous years. In fact, Augustus was offered the position of being the supervisor of laws and morals without having a colleague to check his power which would have given him supreme authority. However, he did not want to hold any office which would be in t...
12 Pages(3000 words)Assignment

The Refugee Question and the European Court of Human Rights

..., the simplicity of gestures, the unaffected expression of feelings. We left our relatives in the Polish ghettos and our best friends have been killed in concentration camps, and that means the rupture of our private lives. 2 The refugee question is multi-dimensional. The political context of the refugee question has been tackled by Xenos. 3 Xenos is concerned with refugees being used as pawns in struggles between states, as was the case with the Haitian boat people in what he refers to as strategic human flows. The basis of these flows, he maintains, is the development of the nation-state in terms of national identity and the social construction of a people within specific territory, the hyphenating of nation-state within borders...
20 Pages(5000 words)Term Paper

Sample Exam Solution in IT and Ethics

... the nature. Question 6 (10 marks) This question is based on Discussion Activity 4 (ways in which modern Information Technology has changed the lives of individuals) To prepare for it, develop your answer for Discussion Activity 4 to 23 pages long. If you can reproduce your essay with references you will be wellprepared for the exam question(s). ways in which modern Information Technology has changed the lives of individuals. Information technology is radically shifting the basics of democratic cultures. Political questions are unwrapping to community conversation not merely in an envoy shape in assembly but as well in all categories of mass media. The calamity of contemporary democracies is able to be unspoken as the modification...
13 Pages(3250 words)Assignment

Situational and Behavioural Interview Question

Structured interviews aim to promote objectivity and minimize objectivity which is inherent in unstructured interviews. This makes these two types of interviews more valid and reliable than the unstructured one when being used for HR recruitment and selection processes.

Over the years, structured interviews have gained popularity in the corporate world. Situational interviews are one type of structured interviews (Mauer, Solamon, & Troxtel 1998, 128; Mauer et al. 2001, 709).

In a situational interview, the questions revolve around a given situation or scenario where the interviewee is supposed to answer what she will likely do in order to address the situation (Huffcutt et al. 2001, 619-620). The question...
6 Pages(1500 words)Coursework

The Question of Outlawing Guns

...Should Guns be Outlawed? Whether guns should be outlawed is a matter of debate in many countries. Although most people assume that they must either support or protest against this matter, but the real issue is something else. It should be decided who should be possessing guns and under what circumstances. However, every human being has a fundamental right which allows him to live life in the way he wants as long as he does not interfere into other people’s rights. Many people feel that keeping a gun at home is important as it ensures personal security. However the question of outlawing guns is a complex matter because huge costs are involved to make any activity illegal, especially in a country like America where most people feel...
9 Pages(2250 words)Term Paper

Midterm Essay Question

... Introduction Germanys’ unification came about on 18th January 1871 in France at Versailles Palace’s Hall ofMirrors. During that period it was separated into 300 states in the middle age .Germany had undergone through foreign wars like the Danish war, France’s war Austria and Prussia. Napoleon also was involved in Germany’s war through Napoleon’s rule though he led to the nationalism by putting it into 38 states. There was competition in leadership between Austria and Prussia before the Napoleon’s domination in which Prussia won as it was better organized and progressive even though Austria had a larger territory to dominate. Otto von Bismarck is known to have led Prussia in Germany’s unification. He managed to bring reforms... Introduction...
6 Pages(1500 words)Essay

Accounting management take-home exam (relatively easy)

...Q1) B 2) A 3) D 4) D 5) A Growth= ROE*retention ratio ROE=9/45=20% Retention ratio= 0.133/0.2=0.665=66.5% Dividend payout= 33.5% Dividends= 0.335*9=3million Short Answers: Question 1) The two ways to return cash to shareholders include: 1) Paying back cash dividends 2) Buying back shares Company’ management should use shares buyback when they believe that the stock of their company is undervalued and they cannot utilize the excess cash by investing in the business and getting a substantial return. On the contrary, when the management believes that the stock is overvalued in the market and there aren’t any investment opportunities, they should pay off the excess cash as dividends. Question 2) A business needs to evolve and change...
7 Pages(1750 words)Essay

Take home exam

... Business Law Since Megan can work alone or together with Tom and Rahida, the best mode of business organization is a limited liability company (LLC). An LLC is a business structure which combines the sole proprietorship with the limited liability of a corporation or the pass-through taxation of a partnership (McCray and Thomas 111). If Megan decides to form the company with Tom and Rashida, this mode of organization will allow the members to separate their personal affairs with the operations of the firm. In addition, the LLC will provide protection against their personal interests. On the other hand, Megan can also run the company alone with the financial help as a loan from Tom and Rashida given that a limited liability... Business Law...
2 Pages(500 words)Essay

Family law problem question

...Family Law Module Module Number Academic Year Seminar Essay Question: Family Ownership of the Lees number Family Ownership of the Lees Jack, Nick and Jean share co-ownership of the property. Of primary concern to this paper is the marriage arrangement between Jean and Nick, on the one hand; and the relationship between Jack and Lucy on the other hand, as they influence the property ownership1. Under the marriage arrangement, Jean and Nick are regarded by law as one entity enjoying equal ownership rights to the whole estate. However, the fact that Lucy entered into a marriage arrangement with Jack before their marriage raises the issue of whether she is entitled to half of her entire family property in the Lees. Although, Lucy contributed...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Exam question for FREE!

Contact Us