Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

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_2

Step: 3

blur-text-image_3

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

Public Law

Authors: John Stanton, Craig Prescott

3rd Edition

0192857460, 978-0192857460

More Books

Students also viewed these Law questions

Question

Create a Fishbone diagram with the problem being coal "mine safety

Answered: 1 week ago

Question

13. Give four examples of psychological Maginot lines.

Answered: 1 week ago