Question
Peter, Paul and Mary are moving from Victoria to New South Wales. They contract with Friendly Movers Pty Ltd to move their household possessions to
Peter, Paul and Mary are moving from Victoria to New South Wales. They contract with Friendly Movers Pty Ltd to move their household possessions to New South Wales. On the way, the truck is in an accident due to the driver taking his eyes off the road while using his mobile phone. 60% of Peter, Paul and Mary's possessions are destroyed. Friendly Movers Pty Ltd relies on the Moving Act 2011 (NSW), which states compensation is only payable where a valid insurance policy was taken out. Peter, Paul and Mary argue that the actions of the driver caused the accident and were outside the scope of reasonable behaviour, and nevertheless, the Competition and Consumer Act 2010 (Cth) applies, which provides that compensation be paid where illegal actions lead to loss of property.
Basing your answer on section 109 of the Australian Constitution, advise Peter, Paul and Mary on which Act prevails and any compensation payable to them.
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