law assignment 2.docx - Latrobe University LST2BSL INTRODUCTION TO BUSINESS LAW AND ETHICS Individual Common Law Assignment Student name Lam Tung Nguyen

law assignment 2.docx - Latrobe University LST2BSL...

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Latrobe University LST2BSL INTRODUCTION TO BUSINESS, LAW AND ETHICS Individual Common Law Assignment Student name: Lam Tung Nguyen Student account: 18810716
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1. Are any of Jimmy’s statements about the MowMaster 6000 part of the sale contract? (5 marks) Issue: Are Jimmy’s statements form a part of the sale contract? Rule: Sale promotion is a part of the advertisements in which buyers will relies on to make the purchases and it was only to draw customers to enter into the negotiations with interested buyers 1 . However, the decision is to purchase is based on the buyers that the sale person only fulfilled the responsibilities. This is considered as “Puffery” which are not intended to be taken seriously and often be used by suppliers to encourage buyers 2 . Application: Jimmy only mentioned the features of the MowMaster 6000 without forcing Joanna to buy. The fact is Joanna is convinced by Jimmy’s comments and decided to check out the lawnmower. As the purchase of Joanna is completely based on the acceptance of both parties, Jimmy is only doing his job as a sale person and advertising his product to raise interest of Joanna about the Lawnmower, which means Jimmy statements is not consider as a part of the sale contract. Conclusion: Jimmy’s statements are not a part of the sale contract.
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