Review of Current Newspaper Article ( Business Law ) - Essay Example

Introduction To Business Law Spring 2008 Assignment Part Current Article http www.smh.com.au/news/national/rubble-trouble-how-our-system-fails/2008/09/21/1221935450246.htmlpage=3Item ResponseMark1.1 Author and DateBurke, Kelley - 22 September 20081.2 Publication and Page/URLThe Sydney Morning Heraldhttp://www.smh.com.au/news/national/rubble-trouble-how-our-system-fails/2008/09/21/1221935450246.html1.3 How did you locate this articleSearch Term: Fair Trade; Consumer Protection1.4 Summary of the ArticleThe article presents the agony of McFeddans family having been victims of unfair trade and the inefficiency of the imposition of consumer protection.

The author discusses how the McFeddans battled for the indemnification of their losses for the inability of the builders to complete their house that cost them big amount and the refusal of the insurance company to pay their claims on the grounds that they are not covered by the Home Warranty Insurance Scheme. The article shows the long process of litigation discussing that the "supreme court ruled in favor of the McFeddans" but the builders applied to the Court of Appeals.The article stresses on the process where the McFeddans cannot compel the insurer to pay them unless the builders are declared bankrupt. 1.5 Why did you choose the articleThe article is relevant in the study of fair trade, insurance, and consumer protection which are part and essential topics in the Introduction to Business Law.

How does this article relate to a topic in Introduction to Business LawThe article illustrates how the Australian government fails to provide enough protection to consumers like McFeddans family who have spent their money and time waiting for the completion of the house they have dreamed of only to be devastated because of the long process of the government to run after private insurers and the builders who take refuge in bankruptcy proceeding and who practices unfairness in trade. It is an article that enlightens the researcher on the importance of knowledge in business law.

Part 2: Related Casehttp://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/Alerts/NA-Warranty+insurance+WA2.1 Add a case related to this articleVero Insurance Ltd v Harden-Jones & Anor2.1.1 How does this case related to the articleThe case is related to the article as it is a decided case that questions the legality of the policies of Home Building Warranty Schemes and ruled that the deeds of indemnity could be characterized as contracts of re-insurance and that "there was a genuine question as to whether the deeds were illegal by reason of non-compliance with the Insurance Act (Innovative Insights, 2007)." 2.1.

2 How many judges decided this caseOne (1)2.1. 3 Name themJudge Philip Eaton2. 2 In what jurisdiction was this case heardWestern Australian District Court Was this an appellate decision or originalOriginal Part 3: Related Statute : http://0-www.austlii.edu.au.prospero.murdoch.edu.au/au/legis/tas/consol_act/hia1992211/s7.html3.1 Add an Australian statute related to this article.Housing Indemnity Act 1992 - Sec 7 (a).3.2 Explain how this section is connected to the articleThis section of the Act provides "warranty that the building work will be performed in a proper and skilled manner and in accordance with the plans and specifications agreed to by the parties.

"This provision of in the Act was not fulfilled the case of the builders of the house of McFeddans. References:Burke, K. (2008) "Rubble trouble: how our system fails," The Sydney Morning Herald. Retrieved, September 28, 2008 from http://www.smh.com.au/news/national/rubble-trouble-how-our-system-fails/2008/09/21/1221935450246.htmlHousing Indemnity Act 1992. http://0-www.austlii.edu.au.prospero.murdoch.edu.au/au/ legis/tas/consol_act/hia1992211/s7.htmlMinter, E. (2007). "WA decision puts home owners warranty (HOW) market on tenterhooks.

Innovative Insights. Retrieved, September 28, 2008 from http://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/Alerts/NA-Warranty+insurance+WA