Legal Institutions - Assignment 1

Legal Institutions - Assignment 1

Question Four:

The answer to Question 4 should be in essay format, and within 1200 words. Your written work should conform to all appropriate conventions of grammar and spelling.

Leon is hosting an important dinner party on the evening of the 21st of November for his employers at his house.  His partner Ron has promised to help cater and organise the big event.  Around 20 people are attending.

Ron decided to surprise Leon by designing the perfect dinner party.  He decided to re-carpet the house at a cost of $45000.  The carpet was eco-friendly.  Ron and Leon had been wanting a particular type of carpet for some years – it was carpet made out of discarded and then recycled fish nets.  Both Leon and Ron knew that 640,000 tons of discarded fishing gear is left in our oceans each year, accounting for one-tenth of all marine litter. Ron contacted Eco Warrior Carpet Company (EWCC) and stressed the fact that they wanted an eco carpet but not the cashmere carpet made from goat hair. The company made both types of carpets.  Ron explained to Rafeal, the employee of EWCC, that Leon was allergic to goats.  Rafeal, stated that “I have written that down here – don’t worry it is not a problem – even our goat hair carpet is not allergy causing.”  Ron replied, “Yes, that may be the case but I still want the fishing net carpet.”

The day of the party arrived.  Leon began to sneeze and his skin began to redden.  Ron had a sinking feeling that the carpet installed the day before was the goat hair carpet and not the plastic fishing net carpet he had asked for. Ron, rings his close and best friend, Bo at Bo’s Hire and Cleaning to hire a steam cleaner to clean the carpet.  Ron hopes that will help with Leon’s allergy.  Ron pays a deposit of $200. When Ron brings the machine home it does not generate any steam and it leaks water and cleaning solution over the carpet.  

The night of the party came and went, and Ron rang his friend Bo and demanded his money back and refused to repay the outstanding amount of $350. Ron rang EWCC the following day. He demanded to return the carpet and to get either his money back or the fishing net carpet installed. Ron said he would send them a bill for all the medical expenses Leon was incurring for his allergies. The manager of the Company, Julie, refused to take the carpet back and refused to replace it, saying that there was nothing wrong with the carpet.  ‘You asked for Eco Carpet and that’s what you got.  It is beautiful carpet. It is sustainable.’. The following week, Leon’s allergy results came back.  The rash was definitely a reaction to goat hair. 

Advise Ron. 

In your advice, it is only necessary to consider the cases and the legislation we have considered in lectures.  You may find the following legal sources of most assistance.  

Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Ellul & Ellul v Oakes (1972) 3 SASR 377
Tramways Advertising v Luna Park (NSW) Ltd (1938) 38 SR (NSW) 632

Associated Newspapers Limited v Bancks (1951) 83 CLR 322
ss 2, 54, 55 and 261 of the Australian Consumer Law and the case law related to those provisions