Law Assignment Help Sample

8/12/2019 Law Assignment Help Sample

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Introduction:

Alan works as an accountant in charge for theMelbourne based company Natural TherapiesPractice. By considering his quality of service a naturalhealth product supplying company named WellnessPty Ltd had offered a part time job to Alan as thecompanys naturopath. While taking intoconsideration their offer Alan decided to purchasesome new computer software to facilitate the growthand speed of his business for which he went to a localshop named Health Solution Software Pty Ltd.


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Further

There he met the sales assistant Betty, who convincedAlan to purchase XY Software Package at $ 10,000 aftergiving discount of $ 500 despite of knowing the fact

that the software had received complaints fromcustomers earlier, for she had to meet the sales targetfor that month. When Alan started to use the softwarein his day to day business after few days it began to

receive complaints from the customers as it would takemore time to deliver the required medicines. Due tothis reason subsequently Wellness Pty Ltd alsodecided to offer the job of naturopath to someone else.


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Continued Now, furious Alan decided to sue Health Solution

Software Pty Ltd for his loss in business, futureopportunity of employment and for the amount hespent on buying the software.


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Task 1 When the XY Software Package began to receive negative

feedback from the customers of Natural Therapies Practiceand owing to which Alan had to lose his opportunity of

employment with Wellness Pty Ltd, he decided to demandfor compensations from Health Solution Software Pty Ltdin the court of law. But to establish his demand in legalground at the first place Alan has to verify that he holds a

valid contract with Health Solution Pty Ltd in absence of

which he cant claim his compensations. To determinewhether Alan had a legitimate contract with the HealthSolution Software or not we shall discuss the structure ofthe business the software company follows and reach to aconvincing conclusion (Donnelly, 2011).


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Continued When the XY Software Package began to receive negative

feedback from the customers of Natural Therapies Practiceand owing to which Alan had to lose his opportunity of

employment with Wellness Pty Ltd, he decided to demandfor compensations from Health Solution Software Pty Ltdin the court of law. But to establish his demand in legalground at the first place Alan has to verify that he holds a

valid contract with Health Solution Pty Ltd in absence of

which he cant claim his compensations. To determinewhether Alan had a legitimate contract with the HealthSolution Software or not we shall discuss the structure ofthe business the software company follows and reach to aconvincing conclusion (Donnelly, 2011).


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What happened in this particular case was that Health SolutionSoftware runs on an invitation to treat structure as customers can visitthe shop to make their selection by themselves and purchase theproduct. However, like any other shop of this kind it also had salesassistants to help customers to make their choices.

When Alan arrived in the shop he had no idea about what softwareshould be purchase that would be appropriate for his business. Thus,he took help of Betty, the sales assistant and explained that he neededcomputer software that would help him to keep hold of the drugprescription records of the customers from countrys healthdepartment so that he would be able to prescribe the correct naturalremedy for them. Betty offered him XY Software Package and Alanpurchased the product by signing a purchase contract where theamount of money he had paid was mentioned (Broom, 2007).


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Task 2Legal rights and remedies:

When the validity of contract has been established now theareas of disputes related to the contract should be analyzedat the first place to decide the remedies and legal rightsavailable for Alan.

When Alan reached the shop to buy the software he madeclear at the very first place what his requirements werebased on which Betty recommended him the XY SoftwarePackage and stated that I highly recommend the XYSoftware package, priced at $10,500, because I believe that

it will do the job well in spite of the fact that she knew verywell that the software had already received negativefeedbacks from the customers. The software package hadcomplaints of breaking down during operations and didntoffer timely access to patients files.


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Under section 18 of Part 2 of Contract Law thestatements of Betty made her guilty of misleading ordeceptive conduct as she made a falsified

representation with respect to the future matter ofdoing of operation by the software. Also, under section4 of the law this act of Betty made her accountable forthis legally shaky contract as she had no reasonableground for making the representation (Cohen and McKendrick, 2009). However, her obligation to meet thesales target of the month doesnt qualify as areasonable basis for selling the disputed product toAlan.


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Now, in this situation as per theAustralian Contract Lawcertain legal rights are available to Alan based on section 54as the software package sold by Health Solution Softwarefailed to live up to the quality as described by the salesassistant. The software could not serve the purpose of hisrequirement and was not free from defects which made theproduct to breach consumers guarantee as codified in theContract Law (Astley v Austrust Limited, 2000). As per thelaw any product made for sale should be cleared to the

customer before he makes his purchase decision todetermine whether the product is of acceptable quality ornot. In this particular case Health Solution Software didntmaintain this principle and thus Alan is allowed to lodge alegal case against them as per the law (Laborde, 2011).
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Also, under section 29 of chapter 3 division 1, Betty isliable of making a misleading representation of thesoftware package in respect of its standard, quality and

previous use and also under section 33 for she made afalse representation about the characteristics andsuitability of purpose for the software package to Alanas when he installed the computer software at his storeit didnt give him access to the records of the HealthDepartment at all, which was his sole requirement forthe purchase as he had stated at the very first stage toBetty (Elliott, 2001).


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Also, under section 56 the Health Solution Software is found tobe guilty as it failed to supply a quality product as per thedescription. When Alan stated to Betty that he categoricallyneeds a computer software package that provides him access tothe drug prescription records of the customers from the HealthDepartment he made it very clear what his requirements were(Stein, 1993, pp. 439-452). Despite of that Betty recommendedhim a product which failed to perform the task.

Therefore, in view of the above mentioned discussion it is now

clear that Health Solution Software is certainly guilty of thecharges of misleading representation of the product and for thatreason certain remedies are available at the disposal of Alan bythe court of law to get the compensation for his damages.


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According to the nature of the contract made between Alan and thesoftware company no liquidated damages can be applicable in thissituation as the contract of purchase doesnt hold any clause thatdescribes a particular sum of money to be submitted by the involvingparties upon breach of contract (Broom, 2007). Thus, Alan can getdamage compensation for the breach of contract which is alsocommonly viewed by the court as substitute for performance.

However, as per the legal provisions the claims for damages must notbe too remote from the actual breach. That means, not the three areasof compensations can be granted to Alan based on the nature of thebreach (Elliott, 2001). The $ 10,000 paid by him to purchase the

software and $ 150,000 amount of business he had to lose due to thelack of performance of the software could be claimed but $ 100,000 heexpected to earn after joining Wellness Pty Ltd as naturopath could notbe legally approved to claim from Health Solution Software as thisaspect of damage is too remote from the actual damage made by them.


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Conclusion Thus, Alan had a valid contract with the Health Solution

Software at the time of his purchase which makes himpermissible to ask for compensation when the software packagecouldnt perform the desired task as guaranteed by the sales

assistant. The Contract Law provides him the legal rights toclaim his damage compensations from the breaching companyand get return of the amount he had to lose while purchasing theproduct for $ 10,000 and loss in business he had to face as thecustomers became irritated with the delay in their service andswitched on to other companies. It is due to the misleading

representation of the product by the Health Solution Softwarethat Alan had to face the negative consequences. But asdescribed in the above section, through applying his legal rightsunder Australian Contract Law Alan could retain a significantamount of the losses he had to face.

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Law Assignment Help Sample