Fishing Enthusiasts! Come and find Nemo in Wye River. We have tagged and released a fish called ‘Nemo’ in Wye River. Whosoever finds ‘Nemo’ is entitled to $5,000 in prize money. Finding Nemo Pty Ltd’s website has instructions on how to claim prize money after finding ‘Nemo’. What are you waiting for? Come one, come all and make it a special ‘Good Friday’ event for yourself, your family and for the community.’
Wye River is usually frequented by many interstate and local visitors on Good Friday each year. Rachel, from central Melbourne, reads the advertisement and thinks that it will be great to join the Good Friday festivities and do a bit of fishing for fun.
On the eve of Good Friday, Rachel organises a fishing camp beside Wye River along with her work colleagues. Later in the day, Rachel’s friend ‘Wacko’ finds ‘Nemo’.
Finding Nemo Pty Ltd’s employee Clive, on duty at the fishing site, confirms that Wacko has caught the correct the correct fish ‘Nemo’, which was tagged and released into the river by him. After the confirmation, the fish is released back into the river.
Clive advises that Wacko has to fill in the appropriate form to get her prize money. He, however, advises Wacko that there was a mistake in the advertisement and that the correct prize money for finding ‘Nemo’ is $500 not $5,000 as previously has been advertised. Wacko is slightly irritated by Clive’s comment.
Upon returning back to Central Melbourne, Wacko claims $5,000 in prize money as per the advertisement by Finding Nemo Pty Ltd in the local newspaper.
In the meantime, at the end of May 2020, Ankit, a fishing enthusiast (who lives in Wye River), finds ‘Nemo’. Ankit is unaware of the prize money and the advertisement. He, however, is informed by his friend Lucy that there is a $5,000 prize money on finding ‘Nemo’.
QUESTION 3
Does Wacko have any rights under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2)? Discuss any applicable legislative provisions and relevant case law. What remedies can Rachel obtain under the Australian Consumer law
The setting of this assignment is that you have been asked by a client to inspect a property they are considering purchasing. They require you to examine the property, identify and assess any faults that are present and provide a written report detailing a description of the property (including materials), faults and recommended remedial repairs. There are four separate tasks to be undertaken for the assignment as follows; 1. Building inspection: Each student must undertake an inspection of their home and provide a description of their inspection process, e.g. sequence and mode of inspection, overall impressions, observations, any tools or equipment used to carry out the inspection, time and date etc. 2. Building description: You are required to provide a detailed description of the building including the materials used. This should cover everything from the foundations to the roof and also any other building(s) on the land parcel such as sheds, garages and so on. (Remember to think about the structure of your report and the client’s experience when reading it.) See page 2. 3. Building condition: For each component / part of the building you must identify: The condition of the building and materials. Include in this section likely causes of any faults you see. For example; you may find some rotting timber and may note that a lack of regular painting (maintenance) may be the cause. Here’s a tip: if you set out a table categorising a grading system you can then use it to rank all parts on a table and show defect causality. For example; ‘excellent condition-no visible defect’ might rank as ‘A’, and so on. You may research some examples of building condition surveys/reports to give you some further ideas. 4. Land / site description: Provide a brief description of the site including the topography, building coverage, and the ability to extend and or provide additions to the property. 5. Recommendations: Here is where you must provide recommendations to your client about the property they are considering to purchase with particular attention to any substantial defects to the property. Assessment criteria: As a guide, consider the following; • Coherent structure to report. * Rational method of undertaking the building inspection. • Accurate assessment of building condition * Clear descriptions throughout report. • Accurate descriptions of construction methods and materials Length: Maximum of 2,500 words / Max of 20 pages. Note: NB: As this is a report and not an essay there will be, by necessity, fewer citations than is usually required (but there will be some). Ensure you cite all assumptions, references and sources using the Harvard referencing system.
May 4, 2017
8:53 pm
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