論文代寫-有關澳大利亞消費者保護法的案例分析

論文代寫-有關澳大利亞消費者保護法的案例分析。根據新南威爾士州法律,使用不符合規定的充電器被認為是非法的,出售這些充電器的商店將不得不遭受起訴,因為他們繼續銷售產品表明對客戶安全的疏忽態度。不同的情況下,有關銷售或提供充電器給消費者,誰受到了傷害,在這裏作為一個案例分析研究,以了解如何疏忽侵權和澳大利亞的消費者保護法的工作。

Issue: Now the issue in question is if Jonas bought the non-compliant charger from an electrical shop and if the shop representative had assured Jonas that the charger in question was both compliant and was of good value when selling it, then could the shop owner be charged of negligent misrepresentation.

Rules: A negligent misrepresentation exists if the person who did the misrepresentation can be held liable for the harm or loss suffered by another person. The situation of liability happens when there is a legal relationship such as between a seller and a buyer or between a manufacturers direct to buyer (Barker et al, 2012; McDonald, 2005). Some of the elements that have to be satisfied with respect to misrepresentation are that, 1) there must have been a misrepresentation, such as in the provisions of information or an advice or opinion. 2) The representation must have been for a business purpose and 3) the person making representation knows that it would be taken seriously (Carvan, 2002).

Application: The shopkeeper made the representation knowing very well that Jonas would make the purchase based on the representation. The representation held factual importance and he also knew that it would be taken seriously too, as Jonas completed his purchase based on it.

Conclusion: The shop representative could be sued for charges of negligent misrepresentation.

Liability of Shop Owner

Shop owner holds a duty of care to the consumer. Now because of the misrepresentation of his representative, Jonas has bought a non-compliant charger that he would not have normally bought and this has led to the situation of injury. Now in this context, the shop owner can be held liable for the sales representative action.

The shop owner is in control of his shop and hence must have used whatever means was possible to ensure that his duty of care to his consumers was not breached. Now at a reasonable level, it can be assumed that the shop owner should not have stocked his store with the non-compliant chargers, and this could have easily prevented the sales of the non-compliant charger to Jonas.

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