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Essay / Research Paper Abstract
This 3 page paper summarises various aspects of the Australian case Re: Demagogue Pty Ltd And Nicholas Ramensky and Gisela Elizabeth Ramensky No. G54 of 1992 Fed No. 851 Trade Practices (1992) 110 ALR 608 (1992) 39 FCR 31.
Page Count:
3 pages (~225 words per page)
File: TS14_TEdemagouge.rtf
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Unformatted sample text from the term paper:
110 ALR 608 (1992) 39 FCR 31. Section 52 of the act may be seen as the section that brings in moral
aspects, as this states that no business should trade, which include the supplying of goods and services in any way, in an unconscionable manner. Paragraph 62 of the
case looks at the contract and clause 14 of the contract. This is a section reviews the contract term that states any warranties that are not in the agreement
are not valid and the buyer is accepting that these did not take place and that no other condition not in the contract have been agreed to. This is general
catch all clause that are found in many contracts, it is stated as seen with Lezam Pty Ltd v Seabridge Australia Pty Ltd supra at 312-3 that these clauses alone
are not sufficient to warrant a breach of section 52. Section 87 of the act states that where there has, or is likely to be a loss caused by
the company then it is up to the courts to make an order that it deems appropriate to compensate the plaintiff for the loss or damage and that there are
various orders a court can make to achieve this end. Section 82 can be compared to section 87, in this it is the level of damage or loss that
can be assess in terms of direct monetary value that is to be assessed. But, this is not a definition of loss that is applicable to section 87. Paragraph
19 summarises to two areas of consideration of the case; breaches of section 52 and section 87(1A). The initial claim by the defendant concerning a potential breach of section 52
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