Question
Sadie is the Manager of Outdoor Organic Pork Pty Ltd (OOP). OOP is a supplier of pork to Adelaide supermarkets and smallgoods stores. This family
Sadie is the Manager of Outdoor Organic Pork Pty Ltd (OOP). OOP is a supplier of pork to Adelaide supermarkets and smallgoods stores. This family business prides itself on attaining certified free-range conditions for their pigs and the fact that their pork is certified organic. OOP is compliant with all relevant Industry Codes to achieve these certifications. Sadie is outranged about the conduct of a competitor pork farmer and supplier - Pork of Distinction Pty Ltd (POD). POD is a fairly large Queensland company which also supplies pork to various supermarkets in Adelaide. POD pork products have the following statements printed on their packaging: 'Taste the Difference-No Hormones added to our Superior Pigs' and 'The Tastiest Pork Our Country Has to Offer'. All packaging includes the below animated drawing of a smiling pink pig. In the speech bubble, the following statement is made: "Spending our days in the great outdoors makes Pork of Distinction the superior choice!". Sadie has learnt that POD only allow their pigs to move about on Saturdays and Sundays. This does not meet Industry Code requirements for free-range conditions. Further, Sadie has also come to know that POD pork products are not processed free from synthetic chemicals - this is a key criterion for being certified organic. She is very concerned that OOP are placed at a competitive disadvantage in the market by the various representations made by POD. She informs POD that they are in breach of s 18 of the Australian Consumer Law (ACL) and there will be consequences under the law.
Advise whether OOP has a legitimate claim against POD under s 18 of the Australian Consumer Law. Use IRAC method taught in class for your writing answer.
explain those points.
- Write rules.
- What do Parties Want?
- OOP's Argument.
- POD's Argument.
- Evaluation.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Issue Whether Outdoor Organic Pork Pty Ltd OOP has a legitimate claim against Pork of Distinction Pty Ltd POD under section 18 of the Australian Consu...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