Trade Law Statutory Implied Terms in Victoria

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contents

Headings Page No.

introduction……………………………….…………………………………. 2

main anaysis

CONDITIONS UNDER TRADE PRACTICES ACT 1974 AND FAIR
TRADING ACT 1999……………………………………………..………………. 3

STATUTORY IMPLIED TERMS, WHEN THEY APPLY AND
CONSEQUENCES OF BREACHING THE IMPLIED TERMS……...…… 5 IMPLIED UNDERTAKINGS AS TO TITLE ……………………………. 5 Rights to sell the goods ……………………………………..…………… 6 Quiet Possession of the goods …………………………………………. 7 Freedom from encumbrances …….…………………………………….. 8 SALES BY DESCRIPTION ……………………………………………… 9 MERCHANTABLE QUALITY ……………………………………………. 10 FITNESS FOR PURPOSE ………………………………………………. 11 CORRESPOND WITH SAMPLE ………………………………………… 13

DRAWBACKS OF STATUTORY IMPLIED TERMS……………………….. 15

STATUTORY IMPLIED TERMS: ARE THEY EFFECTIVE
AND NECCESARY………………………………………………………………... 16

CONCLUSION……………………………………………………………………… 16

BIBLIOGRAPHY…………………………………………………………………… 17

LAW REPORTS…………………………………………………………………... 18

STATUTORY IMPLIED TERMS IN VIC TORIA

INTRODUCTION

As the world evolves through time, the business industry keeps on developing, indicating a fast growth rate of the numbers of merchants around the globe. Each seller will try to sell their goods and services more than their rivals and this merely shows that the current competition is extensive. Since sellers are eager to sell their goods and services, the buyer is often mislead and trapped into business dealings which the buyer’s have had to regret in the end. In order to succeed in their business dealings, the seller, in many situations, tend to withhold important information regarding the good or service they are selling. ‘Consider an injury caused by a product. A person consumes contaminated ginger beer. A child’s toy snaps and injures the child. The brakes in a car fail.’[1]

Most of the history of the sale of goods has been in the context of freedom of contract; that is, buyers and sellers were free to make their



Bibliography: Gibson, Andrew and Fraser, Douglas, Business Law (2003) Graw, Stephen, An Introduction to the law of Contract, (6th Ed, 2008) Khoury, D and Yamouni, Y, Understanding Contract Law (5th Ed, 1998) Latimer, Paul, Australian Business Law (25th Ed, 2006) Latimer, Paul, Australian Business Law (25th Ed, 2008) Parker, David and Gerry, Box, Business Law for Business Students (2nd Ed, 2008) Pentony, B et al, Understanding Business Law (2nd Ed, 1999) Sweeney, Brendan J and O’Reilly, Jennifer, Law in commerce (2007) Turner, Clive, Australian Commercial Law (23rd Ed, 2001) Turner, Clive, Australian Commercial Law (24th Ed, 2003) Vermeesch, RB and Lindgren, KE, Business Law of Australia (10th Ed, 2001) Internet sources: Victorian Consolidated Legislation (Sections: 32G, 32H, 32HA, 32I,32IA / accessed date 10 March 2009) Consumer Affairs Victoria (accessed 14 March 2009) Commonwealth Consolidated Acts (Section 4B / accessed 09 March 2009) Commonwealth Consolidated Acts (Sections: 69, 70, 71, 72/accessed 09 March 2009) Open Learn Labspace, Introduction to Customer Service (accessed 14 March 2009) Answers.com (accessed 15 March 2009)

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