GENL5020 Business Fundamentals Presentation

David V Snap Happy Pty LtdDavid V Snap Happy Pty Ltd

Kelvin Butt Dickson Chan Christopher Law Jennie Leung Hedley Tam Julia Suen

Outline of our presentationOutline of our presentation

• A role play of the caseA role play of the case

• The Areas of Law concernedThe Areas of Law concerned

• Arguments from both sidesArguments from both sides

Role Play of the case…..Role Play of the case…..

So… David goes to Snap HappySo… David goes to Snap Happy… … A film processing shopA film processing shop

And he leaves two rolls of filmsAnd he leaves two rolls of filmsfor processing……for processing……

Telling the sales assistant,Telling the sales assistant,“These films are “These films are urgenturgent, I’ll need, I’ll needthem this afternoon for a tenderthem this afternoon for a tenderthat I need to submit”that I need to submit”

A few hours later…..A few hours later…..

David comes back to pick up his filmDavid comes back to pick up his film

WTF!!!!!WTF!!!!!

David is visibly David is visibly pissedpissed!!!!!!He lost the chance to submit He lost the chance to submit his tender and win his tender and win 4 million 4 million dollarsdollars

Snap Happy offers to reprint the Snap Happy offers to reprint the photos by next morningphotos by next morning

David says.. David says..

““You’ll pay You’ll pay for this!!!!!!”for this!!!!!!”

Snap Happy denies any Snap Happy denies any liability whatsoever from liability whatsoever from the exclusion clausethe exclusion clause

• Contract Law

• Negligence (Tort)

• Trade Practices Act

Areas of Law involvedAreas of Law involved

Satisfy 6 essential elements

– Intention to create legal relationship

– Offer and Acceptance

– Consideration

– Legal capacity of the parties

– Reality of Consent (Genuine Consent)

– Legality of object

Contract LawContract Law

• Contractual Document or Receipt?

• Remedies for breach of contract

ArgumentsArguments

ArgumentsArgumentsTrades Practices Act 1974 (Cth)- Part V Div 2:

“by improving consumer contracts for the acquisition of goods and services by implying to them conditions and warranties which favour consumers.”

- refund, compensation, repair or replacement for goods that are not of ‘merchantable quality’

- The end -