Part B (20 marks)

1.(a) Margaret owned an antique furniture shop in Brisbane. The business operated successfully. In 2017 she asked her adult daughter, Sally, to work in the shop without pay for three years and at the end of 2020 Margaret would transfer the shop and stock for free to the daughter. In June 2019 the mother and daughter argue and the mother without warning sells the business to a regular customer, Ben. Explain whether Sally can enforce the contractual agreement against Margaret. Do not discuss statutelaw.

5 marks (approx. 300words)

1 (b) Fletcher was illiterate, had only limited business experience and had serious health problems. Stan was his best friend and his lawyer and Fletcher relied on him for advice, comfort and friendship. Fletcher signed a document that Stan advised was permission merely to keep horses and cows on the land for a short time. Fletcher has found out that the document was really a transfer of title of the land to Stan.What rights does Fletcher have? Do not discuss statute law.

5 marks (approx. 300 words)

2.(a) Sydney Cleaners Pty. Ltd (SC) agreed to clean a wedding dress for Susan. A sales assistant gave her a receipt and advised Susan that it was just confirmation of the agreed cleaning price. On the back of the receipt unknown to the customer there was a term in very small print stating that Sydney Cleaners was not responsible or liable for any damage done to a dry-cleaned item. When Susan collects the dress it is badly burnt. The sales assistant tells her that the contract term on the back prevents any customer from suing the dry-cleaner.

Advise Susan as to whether they can obtain a remedy under the Australian Consumer Law.

Do not discuss the commonlaw.

5 marks (approx. 300words)

2(b) Uncare Pty. Ltd (Uncare) operates aged care centres around Australia.In 2018 Uncare promised current and future customers that all of its centres had extra services including air-conditioning, physiotherapy rooms, leisure activity spaces, large talking book libraries and smart room technology systems. For these extra services Uncare charged additional fees. In fact almost all of its centres did not have these services and facilities.

Could the ACCC take action against Uncare and advise whether it could obtain remedies under

the Australian Consumer Law. Do not discuss the common law.

Part B (20 marks)

1.(a) Margaret owned an antique furniture shop in Brisbane. The business operated successfully. In 2017 she asked her adult daughter, Sally, to work in the shop without pay for three years and at the end of 2020 Margaret would transfer the shop and stock for free to the daughter. In June 2019 the mother and daughter argue and the mother without warning sells the business to a regular customer, Ben. Explain whether Sally can enforce the contractual agreement against Margaret. Do not discuss statutelaw.

5 marks (approx. 300words)

1 (b) Fletcher was illiterate, had only limited business experience and had serious health problems. Stan was his best friend and his lawyer and Fletcher relied on him for advice, comfort and friendship. Fletcher signed a document that Stan advised was permission merely to keep horses and cows on the land for a short time. Fletcher has found out that the document was really a transfer of title of the land to Stan.What rights does Fletcher have? Do not discuss statute law.

5 marks (approx. 300 words)

2.(a) Sydney Cleaners Pty. Ltd (SC) agreed to clean a wedding dress for Susan. A sales assistant gave her a receipt and advised Susan that it was just confirmation of the agreed cleaning price. On the back of the receipt unknown to the customer there was a term in very small print stating that Sydney Cleaners was not responsible or liable for any damage done to a dry-cleaned item. When Susan collects the dress it is badly burnt. The sales assistant tells her that the contract term on the back prevents any customer from suing the dry-cleaner.

Advise Susan as to whether they can obtain a remedy under the Australian Consumer Law.

Do not discuss the commonlaw.

5 marks (approx. 300words)

2(b) Uncare Pty. Ltd (Uncare) operates aged care centres around Australia.In 2018 Uncare promised current and future customers that all of its centres had extra services including air-conditioning, physiotherapy rooms, leisure activity spaces, large talking book libraries and smart room technology systems. For these extra services Uncare charged additional fees. In fact almost all of its centres did not have these services and facilities.

Could the ACCC take action against Uncare and advise whether it could obtain remedies under

the Australian Consumer Law. Do not discuss the common law.