Faculty of Business, was placed in a stressful position.

In order to honour this contract,

When the new lens arrived, Patricia's troubles continued. The machine could not reduce and
Bob sent Patricia an account for the new lens, which Patricia refused to pay because she th
She did however, notice the following clause:
'Any conditions, statutory or otherwise, not contained herein are excluded.'
[a] What legal rights (including remedies) would Patricia have against Bob's Warehouse Pty
[15 marks]
[b] What legal rights (including remedies) would Patricia have against Bob's Warehouse Pty
[15 marks]
Part 1
Clearly a contract exists here. The issue is what, if any, legal rights Patricia Wu have ag
Patricia best course of action would be under the Trade Practices Act (Cth) 1974 or the Goo
Step one is to check whether the seller is a corporation, Patricia purchased the photocopie
Step two is whether the contract is a consumer contract. A consumer contract is when the pr
Step three is whether the sale was in the course of business. This means that the sale was
The final step is that the sale was not at an auction. As the photocopier was bought from B
However Patricia must prove that the contract has been breached. The first way to see if it
The first implied term that has been breached is the term of merchantable quality under sec
Also Patricia was not aware of the defect prior to sale and any inspection made by Patricia
The next implied term that has been breached is fitness for purpose under section 71(2) of
Patricia described to the salesperson that she needed the photocopier for her business of c
The final implied term that has been breached is the term of correspondence with descriptio
The Trade Practices Act does not allow terms to be excluded under section 68. If any term o
Patricia will not be able to terminate the contract as the contact is already complete, she
However she may try to rescind the contract for misrepresentation, as Shirley misrepresente
Rescinding a contract means that the parties involved are returned to the position they wer
The other option that Patricia has is to sue for damages, which is the most common remedy g
The damages that Patricia could sue for in this case is the $10,000 for the new lens as the
The hiring of the photocopier from Joe's Office Supplies for 14 days at $100 a day amounted
Finally Patricia may with extreme difficulty be able sue for damages for disappointment and
Patricia may attempt to prove that she was extremely distressed when she received a $50,000
The best step for Patricia would be to rescind the contract, however as I said earlier that