Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Erina runs an online boutique business named Erinas Boutique. It has become something of a shopping sanctuary among ladies in Perth. Erina thoughtfully selects pieces

Erina runs an online boutique business named Erinas Boutique. It has become something of a shopping sanctuary among ladies in Perth. Erina thoughtfully selects pieces designed to uplift and invigorate any customers wardrobe. It is not exactly budget-friendly, but customers who have a little extra cash to splash treat themselves with an outfit from Erinas Boutique.

Donna heard a lot about this boutique at a recent party while she was catching up with her old besties. Donna, in her mid-fifties, has a unique taste in fashion with a mix of new and vintage apparel. She visits Erinas online page and likes a boho-style outfit. The price as displayed on the online catalogue is $129. She considers it a reasonable price for such a lovely outfit, and telephones Erina to finalise the purchase.

Erina states that the outfit is available, but it is the last piece in her collection. There is a tiny spot on the fabric which Erina assures Donna is completely unnoticeable. Nevertheless, Erina states that due to this flaw the price will be reduced to $119.

Donna is uncertain whether the spot is in fact unnoticeable, so she becomes unsure about making the purchase. However, they talk about the mode of payment. Donna confesses that she needs some time to think about it and would prefer to post a cheque to the business address of Erinas Boutique. The address is available on the online page. Erina agrees with this, but she makes it clear, if you want this outfit, please telephone me by close of business on Friday. This boho-style outfit is very popular, and I can keep it for you till Friday only.

Donna deliberates over whether she should buy the outfit. On Thursday, she writes a letter to Erina asking if she would be prepared to further reduce the price to $109 and encloses a cheque accordingly. Since the cheque is posted locally, it should have reached Erina on Friday. However, owing to Donna using an incorrect postcode, the envelope does not arrive until Monday.

In the meantime, Erina sells the dress to someone else on Friday morning. She calls Donna after receiving the letter on Monday. Erina informs her that the outfit is no longer available.

She is happy to refund the amount, or she can order her another one should Donna require it. Donna is not happy with this and blames Erina for a breach of contract.

Advise Erina.

When answering this question, discuss the legal reasoning and authorities to support your answer. Focus on an analysis and application of the principles relating to the fact of agreement only; and disregard issues from the Australian Consumer Law or any other area of law.

********************************************************

Could you help me to find out form the above case studies, whether Donna can suit a case against Erina for selling the cloths to someone/ or is Erina liable whatever the cause. The answers need to be legal reasoning and authorities support.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing An International Approach

Authors: Bahram Soltani

1st Edition

9780273657736

More Books

Students also viewed these Accounting questions