ASSIGNMENT - PROBLEM-BASED QUESTION

COUNT: 1,500. THIS INCLUDES ALL FOOTNOTES AND REFERENCES.

Ken arrives in Darwin airport on a Friday morning for a three-day break (holiday) from her job. She has already pre-booked a car with a hire-car company, to collect at the airport at 11am on Friday and return at 11am on Sunday. She arrives at the airport on time (11am Friday). She pays a $350 deposit and signs a contract setting out the terms and conditions of the car hire arrangement. The car needs to be cleaned and deisnfected due to COVID plan. Ken has to wait for two hours until she can take the car and drive away. Ken returns the car to the airport office of the hire-car company at 11.30am on Sunday. The employee indicates Ken has forfeited her deposit as the car is returned 30 minutes late and refers her to the following terms in the car hire contract: "The company will make all reasonable efforts to ensure that the vehicle is available for collection by the customer by the agreed time. The company will not be liable for any delay in making the vehicle available to the customer. The customer must return the vehicle by no later than the agreed time. Any failure whatsoever to comply with this requirement will result in forfeiture of the deposit." Using the relevant sections of the Competition and Consumer Act 2010 (Cth) and case law, advise Ken of her rights under the Act and her chances of success.

Important: Your answer must use the IRAC structure and refer to the relevant legislation and case law.

Please note, it is needed the professional assessment of LAW-style writing and relative case law in-text references.