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B hillas v arcose ltd balmain new ferry co ltd v

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b) Hillas v Arcose Ltd ; Balmain New Ferry Co. Ltd v Robertson He claimed that it is in good condition used many times before. c) The Moorcock ’ ; BP Refinery Pty Ltd v Hastings Shire Council defendant owned a jetty, plaintiff entered a contract to bring goods up to dock in the jetty so they could load and unload goods. The boat is docked and when the tile went down, the boats falls and its damaged. 2) Was the court willing to imply a term in Codelfa Construction Pty Ltd v State Rail Authority of NSW ? Why/why not? Counter argument against implied term No implied term, even if it could be supposed that a term was needed to give business efficacy to a contract, it was not at all clear what the parties would have agreed had they turned their mind to the matter. Exercise 9.3 Statutory Implied Terms (Parker & Box, p 185-187; see also Chapter 12) The Australian Consumer Law is contained in schedule 2 of the Australian Competition and Consumer Act 2010 (Cth). The Act came into effect on January 1, 2011 and implies terms into “consumer contracts” which cannot be avoided. It replaced similar provisions that were previously contained in the Trade Practices Act 1974 (Cth) and the various Fair Trading Acts of the different States. This means that the terms implied by the ACL (statutory implied terms) are incorporated into such contracts. An attempt by a business operator to rely on an exclusion clause to exclude or limit liability under any of these statutory implied warranties will not succeed. 1) If there is any conflict between common law and legislation, which prevails and to what extent? Legislation will always prevail over common law. There will be pressure on the court to pass legislation to override that common law precedent. A government may even request the whole area of law to be reviewed. Case law decided but government not satisfy, they will change the legislation to stop whatever had happened.
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2) What is the definition of a “consumer contract” according section 3 of the Australian Consumer Law? P 190 A person is deemed a consumer if the price of goods or services do not exceed $40,000, or the goods were of kind ordinarily acquired for personal, domestic or household use or consumption, or the goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. Exercise 9.4 (Parker & Box, p 185-187; see also Chapter 12) As discussed, when a ‘consumer contract’ is entered into, certain warranties are implied into those contracts by the ACL. By reference to the statutory implied terms in the ACL, answer the following questions: 1) You attend a petrol station and purchase some petrol from the unleaded petrol pump. What implied warranties does the ACL provide with regards to the questions below, and in what section would you find each of them (cite sections): a) Your right to use the petrol? (good title) S51 of the ACL. If a person supplies goods to a consumer, there is a guarantee that the supplier will have the right to dispose of the property in the goods once passed to the consumer.
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