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Imagine you are a judge of the County Court of Victoria. On a difficult point of law, you are faced with conflicting decisions of a
- Imagine you are a judge of the County Court of Victoria. On a difficult point of law, you are faced with conflicting decisions of a single judge of the Supreme Court of Tasmania and a unanimous Court of Appeal of the Supreme Court of New South Wales. Which precedent must you follow, if any? Also, could you follow a strong decision of the Supreme Court of Singapore on the point of law? Discuss and give reasons for your answer.
- Danny wants to buy a car, so he visits a car dealer on a Saturday. Danny speaks to Adrian, a car dealer and Adrian recommends a new sedan to Danny. Danny is happy with the car and asks Adrian to prepare the contract of sale. Adrian then informs Danny that he must pay 50% deposit and the deposit will be forfeited if Danny does not return with the balance by 9 am on Monday. Danny is not very happy with such a short turnaround time, but he really likes the sedan, so Danny pays 50% deposit and signs the contract of sale. Does section 23 of theAustralian Consumer Lawrender the term:"50% deposit will be forfeited if Danny does not return with the balance by 9 am on Monday"void?
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