Question 2 PDF

Title Question 2
Author G Digital Eight
Course Law of Commerce
Institution Swinburne University of Technology
Pages 1
File Size 36.6 KB
File Type PDF
Total Downloads 88
Total Views 134

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Question 2 Jeff purchases a television for $1,000 and finds that it does not work. It appears the television is defective and Jeff now wants his money back. However, the retailer is refusing to give Jeff his money back claiming that Jeff is at fault. What are Jeff’s options for resolving the refusal of a refund? Suggested answer The amount requested by Jeff is quite small and he needs weigh up the option of whether it is worth spending a lot of money pursuing this matter. Jeff should first try some non legal methods for retrieving his money, such as negotiation or writing letters of request. Jeff may then try a solicitor’s letter which threatens legal action unless the matter is resolved. If Jeff does take a recourse to law he would probably take action in a tribunal, eg in Victoria through the VCAT system which allows individuals to lodge claims for small amounts, to appear personally and without the need for legal procedure. An action in a tribunal would resolve the matter quickly and efficiently and it could hear contract law matters. Alternatively Jeff could go to an inferior court in his particular state, though this would require some legal procedure such as lodging notices and serving a summons. A court would require some knowledge of the law and possibly legal representation. If the tribunal made a decision which was not in accordance with law, then he might appeal on the grounds of incorrect law to a court. A tribunal can make a decision, but cannot enforce the decision; ultimately if the trader is refusing to refund monies after a decision, Jeff will have to go to a court for an order to force the trader to pay....


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