Question
Mia is a digital marketing consultant based in Melbourne. As her services are provided online, she has the flexibility to travel and service her clients
Mia is a digital marketing consultant based in Melbourne. As her services are provided online, she has the flexibility to travel and service her clients from anywhere in the world. Mia is planning another trip overseas. She visits Digicom Pty Ltd (the company) and asks Sandy, the salesperson whether she can recommend a mobile Wi-Fi hotspot. Mia tells Sandy she loves travelling and is planning to go either on a safari to South Africa or a wildlife cruise to Ecuador and she needs to be able to communicate with her clients online or else she might lose big marketing contracts. Sandy shows Mia their Wi-Fi hotspots and says Mia should buy the companys e-Terry because of its excellent coverage of the Earth including oceans, airways and polar regions. Sandy hands Mia a copy of the standard terms of contract. Mia signs the agreement without reading it and buys the companys e-Terry for $2,500. The standard terms of contract for thee-Terry state: 1) Although the e-Terry will work anywhere on Earth under normal weather conditions, you acknowledge the e-Terry may not work during extreme weather. 2) These standard terms constitute the entire contract. Mia goes on her overseas trip and everything goes well until the second week when a cyclone occurs causing extreme rain where Mia is staying. The e-Terry stops working and Mia is unable to communicate with a client about a $50,000 contract she was pitching for and ends up losing that contract. Required: Advise Mia on her contractual rights. Refer to relevant cases and/or statutory law in your answer. [Your answer should consider if Digicom Pty Ltd has breached any terms at common law and any statutory implied terms under the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth) and also discuss remedies available.
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