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GENL5020 Business Fundamentals Presentation

GENL5020 Business Fundamentals Presentation. David V Snap Happy Pty Ltd. Kelvin Butt Dickson Chan Christopher Law Jennie Leung Hedley Tam Julia Suen. Outline of our presentation. A role play of the case The Areas of Law concerned Arguments from both sides.

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GENL5020 Business Fundamentals Presentation

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  1. GENL5020 Business FundamentalsPresentation David V Snap Happy Pty Ltd Kelvin Butt Dickson Chan Christopher Law Jennie Leung Hedley Tam Julia Suen

  2. Outline of our presentation • A role play of the case • The Areas of Law concerned • Arguments from both sides

  3. Role Play of the case…..

  4. So… David goes to Snap Happy … A film processing shop

  5. And he leaves two rolls of films for processing…… Telling the sales assistant,“These films are urgent, I’ll need them this afternoon for a tender that I need to submit”

  6. A few hours later….. David comes back to pick up his film WTF!!!!!

  7. Snap Happy offers to reprint the photos by next morning David is visibly pissed!!! He lost the chance to submit his tender and win 4 million dollars David says.. “You’ll pay for this!!!!!!” Snap Happy denies any liability whatsoever from the exclusion clause

  8. Areas of Law involved • Contract Law • Negligence (Tort) • Trade Practices Act

  9. Contract Law Satisfy 6 essential elements • Intention to create legal relationship • Offer and Acceptance • Consideration • Legal capacity of the parties • Reality of Consent (Genuine Consent) • Legality of object

  10. Arguments • Contractual Document or Receipt? • Remedies for breach of contract

  11. Arguments Trades Practices Act 1974 (Cth) - Part V Div 2: “by improving consumer contracts for the acquisition of goods and services by implying to them conditions and warranties which favour consumers.” • refund, compensation, repair or replacement for goods that are not of ‘merchantable quality’

  12. - The end -

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