Legal Studies Consumers Essay Example
Consumer Case Law
Consumer Case Law
Component B – Consumer Case Law Report (10%)
Case Law One 1. Legal citation
Smythe v. Thomas (2007) NSWSC 884 2. Elements of the offence
In the 2007 case of Peter Smythe v Vincent Thomas, the Defendant Thomas listed a Wirraway Australian Warbird aircraft for sale, with a starting bid of $150,000, even though Thomas thought the aircraft was probably worth around $200K to $250K. With 20 seconds remaining, Smythe made a bid on the aircraft, in accordance with eBay rules, and 'won' the aircraft. Thomas did not intend to sell the product as the listed amount however, the rules stated that the reserve is the winner and that is a legal binding contract. 3. Factors that might have led to the misconduct
The factors which may have led to the misconduct may have included the un-awareness of the eBay rules which led Smyth and Thomas into a contracting agreement. Also, the fact that Thomas Vincent had no understanding of the requirements may have led to the dispute. 4. The reporting and investigation of the case
This case was investigated and reported through the NSW Supreme Court. 5. The role of legal and non-legal interventions where applicable
The legal interventions which took place involved the intervention of the NSW Supreme Court in which they achieved an outcome for both parties. 6. The plea
The plea of Vincent Thomas was that the advertisement on eBay was an invitation to treat and not an offer. His argument was put forth in order for the trial to be dismissed, however this was unsuccessful.
7. Factors that affect the sentencing decision
The sentencing decision in this case was that the contract binding the two parties did exist as Vincent Thomas had the price at a reserve of $150,000. One of the factors which made the judge allow the process was because of the binding contract in place. 8. The penalty given
The penalty that was decided was that the contact binding the two parties did
Consumer Case Law
Component B – Consumer Case Law Report (10%)
Case Law One 1. Legal citation
Smythe v. Thomas (2007) NSWSC 884 2. Elements of the offence
In the 2007 case of Peter Smythe v Vincent Thomas, the Defendant Thomas listed a Wirraway Australian Warbird aircraft for sale, with a starting bid of $150,000, even though Thomas thought the aircraft was probably worth around $200K to $250K. With 20 seconds remaining, Smythe made a bid on the aircraft, in accordance with eBay rules, and 'won' the aircraft. Thomas did not intend to sell the product as the listed amount however, the rules stated that the reserve is the winner and that is a legal binding contract. 3. Factors that might have led to the misconduct
The factors which may have led to the misconduct may have included the un-awareness of the eBay rules which led Smyth and Thomas into a contracting agreement. Also, the fact that Thomas Vincent had no understanding of the requirements may have led to the dispute. 4. The reporting and investigation of the case
This case was investigated and reported through the NSW Supreme Court. 5. The role of legal and non-legal interventions where applicable
The legal interventions which took place involved the intervention of the NSW Supreme Court in which they achieved an outcome for both parties. 6. The plea
The plea of Vincent Thomas was that the advertisement on eBay was an invitation to treat and not an offer. His argument was put forth in order for the trial to be dismissed, however this was unsuccessful.
7. Factors that affect the sentencing decision
The sentencing decision in this case was that the contract binding the two parties did exist as Vincent Thomas had the price at a reserve of $150,000. One of the factors which made the judge allow the process was because of the binding contract in place. 8. The penalty given
The penalty that was decided was that the contact binding the two parties did