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Question 4 Not yet answered Marked out of 0.3 \\V Flag question Question 5 Not yet answered Marked out of 0.3 \\V Flag question According to the ACL, Stanley is a consumer because [PICK ALL THE CORRECT ANSWERS) [:l a. The laptop upgrade and service is normally acquired for business purposes Cl b. The services is provided to a private individual Cl C. The cost of the service is less than $100,000 CI d. The services were made in trade or commerce as the upgrade and repair was done by a business who provides such services Which consumer guarantees did Monash Electrical breach? Pick all the correct answers! CI a. s 62: Guarantee that service is performed within a reasonable or specified time CI b. s 61: Guarantee that service is fit for the disclosed purpose Cl C. s 60: Duty to take reasonable care and skill CI d. s 56: Guarantee that good fits the description available. If you buy the laptop, we will install the program for free! Satisfied with Marcia's comments, Stanley immediately signed a contract to purchase the Lightning XYZ laptop for $3,000 in total. The written contract however made no reference to Marcia's representations that it will enhance the efficiency of rending the 3D models and the installation of the full version of the anti-virus program. It did, however, include the following clause: 'The seller*s liability is hereby limited to the repair or replacement of the goods sold, where such liability arises out of breach of an implied condition or warranty.' A week later, Stanley found the laptop took an hour longer to render his 3D models compared to his previous laptop. Often the laptop would also crash during rendering, delaying his work by almost a day!! He also discovered some of his 3D models were corrupted by a virus, and realised the anti-virus program installed was a demonstration version, not the full version as promised by Marciall This meant the anti-virus program only identified the virus it did not delete the actual virus! Stanley, a video game designer contracted by Japanese game publisher Triangle-Enix, approached Marcia, an experienced salesperson at Monash Electricals Pty Ltd in Melbourne for advice about a new laptop. Stanley decided to purchase the Lightning XYZ model after a long discussion with Marcia. He carefully explained his requirements which included: . The laptop can render complex 3D models efficiently and faster for his work and research . . The importance of an anti-virus program to ensure his work are kept safe. Marcia said to Stanley: The Lightning XYZ laptop will enhance the efficiency and productivity of rendering the 3D models you design. I promise it will be 5 times faster than your old laptop! The Lightning XYZ model is the most popular laptop for graphic and game designers currently available on the market. I assure you it will meet your needs. We will also install the full professional version of the best anti-virus programQuestion 2 Not yet answered M arked out of 0.3 \\V Flag question Question 3 Not yet answered M arked out of 0.3 \\V Flag question Stanley signing the document amounts to the representations in the written document becoming terms. Which of the following statements is true based on this conclusion: 0 a. The signature rule is from the case of Oscar Chess v Williams. 0 b. The terms of the written contract would include Marcia's oral representation. 0 c. If Stanley can prove misrepresentation of the written terms, the above assumption would be rendered ineffective. 0 d. Stanley is not bound to the terms if he has not read or understood the document. The parole evidence rule presumes: O a. That it is a rule subject to Australian statutory law 0 b. To apply if there are two contracts: one written and one oral O c. To not apply if the contract is complete 0 d. The written contract to be the complete record of the agreement
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