Business and Consumer Law in Australia

Business and Consumer Law in Australia

Part A

Question 01

Legal issue in this case is that according to the advertising campaign of Chicken Galore, it has promised to deliver the Christian and Brian each with Mazda CX-9. Legally both are eligible to have the possession of the vehicle, but later when the promotion was on, chicken galore found out some technical problem in the printing of coupons, and when it spotted the problem; Chicken Galore apologized the consumers and consequently stopped the campaign. So it is to be decided by the law whether chicken galore is obliged to provide Christian and Brian both a vehicle.

Elements of intention and consideration are the main part of any legal agreement, and they define whether parties involved in matter are serious to perform what is written in the document. In simple words elements of intension and element of consideration show the real motives. These are important to differentiate a spam from the original work. Brain Smith responded to campaign and be able to have what chicken galore has promised. He is the victim of damage intentionally or unintentionally done by chicken galore. Chicken galore advertised campaign through different channels, and it was unaware of the error mistake which happened from not chicken galore itself but from other source. Brain smith did not have any injury from consuming food from chicken galore, though he got ill due to overeating and got hospitalized. But this does not mean that chicken galore is responsible for his ill health. And according to Australian consume law formerly known as TPA manufacturer or being more specific Chicken Galore is not liable to compensate the damage done to Mr. Brain Smith and Mr. Christian. Neither chicken galore had carried out any deliberate negligence nor were Christian and Brian both aware of the suspension of the campaign when they had coupons.

Though in the start, it was chicken galore who failed to fulfil its promise, but later it came to know that due to some technical errors chicken galore suspended the promotional campaign. Therefore, it can be logically concluded that chicken galore is not obliged to deliver the Mazda CX-9 to Christian and Brian, provided that the element of intention and consideration are present.

Question 02

Legal issue in this case pertains to the damage and indemnity. Speciality Printers ensures the proof reading of all material it prints. While printing the coupon of ...