Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Curn College Final Assessment Answer All Four Questions Scenario: INLEDQLQ by Unknown Author is icensed under QQBL-SA Beatrice is an avid dog enthusiast; she has
Curn College Final Assessment Answer All Four Questions Scenario: INLEDQLQ by Unknown Author is icensed under QQBL-SA Beatrice is an avid dog enthusiast; she has several dogs that she grooms and trains for dog shows. Her dogs have done quite well in dog shows and she has had numerous \"best in show awards. Her prize dog is Sparky, a little Shih Tzu. Sparky has won numerous awards. Beatrice wishes to enter Sparky in the upcoming annual town Show and Beatrice believes that Sparky has good prospects of winning the best in show award that comes with prize money of $10,000.00. Last year, Sparky won the best in show award. On Wednesday, a few days before the show, Beatrice decides to take Sparky to her regular dog groomer, Colleen. Colleen is also one of the sponsors of the annual dog show. Colleen has a special package that she has advertised on her website as follows: "Special Wednesday Package: Bring in your pooch fora pamper session! For $100 your dog will get a luxurious bath, blow dry, brush, haircut, nail cut and teeth clean. Normally this will cost you $200! Hurry. This offer is limited to the first 5 customers!\" Beatrice makes sure that she is the rst customer waiting when Colleen opens her grooming salon at 9am. Beatrice mentions the web page special and asks for the Special Wednesday Package. Colleen tells her that unfortunately, that special applied to the Wednesday of the week before and does not apply to this Wednesday. In any case, says Colleen, the web promotion is just 'sales talk' and is not really an offer. Colleen says that, because Beatrice is such a loyal customer, she will do the package for $150. Beatrice is upset because the web promotion does not mention any dates or state that the package was for last Wednesday. but she must get Sparky ready for the show and so she agrees to pay $150 for the package. She tells Colleen that Sparky must be ready by 12 noon sharp. Curtin College Final Assessment When Beatrice arrives at 12 noon to fetch Sparky, she is annoyed to nd that Sparky is not ready until 12:15pm. When Colleen hands Sparky to Beatrice she says that Sparky was quite aggressive, and they could not clean her teeth. Beatrice also notices that one of Sparky's nails has not been cut. Beatrice is furious and says that because Colleen did not nish Sparky on time, did not clean her teeth and did not cut all her nails, she is not paying anything! She grabs Sparky and stems out of the shop. However, on her way out she trips on some loose carpeting and falls. landing on top of Sparky. Beatrice is not injured but Sparky breaks a leg! Beatrice gathers up Sparky and rushes to the Vet. Later, Beatrice calls Colleen and says that she will be making a claim for compensation from Colleen as follows: - $2,000 vet bills; 0 $500 entry fee for the annual dog show that Sparky obviously now cannot be in; 0 $10,000 for the prize money for the show since Sparky would undoubtedly have won 'best in show'; and 0 $2,000 for Beatrice's disappointment and stress. Colleen says that Beatrice must pay the $150 as she has provided the requested seniices. She also says that she will not pay any compensation because there is a sign on the wall visible as you are leaving the grooming salon that states" \"Whilst we take all care, we are not liable for any injuries to dogs that we may cause" Question 1 10 Marks With reference to law and precedent cases ONLY about formation and misleading and deceptive conduct, advise Beatrice as to whether or not the advertisement for the package was an offer and whether or not Colleen could be liable for misleading or deceptive conduct? Question 2 10 Marks With reference to law and precedent cases ONLY about performance, advise Beatrice as to whether or not she has to pay the $1 50 for the services provided. Question 3 10 Marks With reference to law and precedent cases ONLY about exclusion clauses, advise Colleen as to whether or not Colleen's exclusion clause is validly given and whether or not the wording of the clause would cover the harm
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started