Business & Corporations Law Assignment

Assignment Question

Linyu wants to buy a car. She inspects several different vehicles advertised as brand new at a car dealership owned by Yuan. She likes the look of a black Mitsubishi Pajero with leather seats and price of $44,990. Yuan convinces her that it is a great deal even though he knows the car has a defective gear box. He can tell Linyu doesn't understand English very well so he inserts a clause into the purchase agreement waiving her protection under the Australian Consumer Law statutory guarantees.

One week later the car breaks down. Linyu has it towed to a Mandarin speaking mechanic who explains the car has travelled over 7,000kms and has a defective gear box.

Yuan refuses to refund Linyu her money. He points out she agreed to waive her protection under the statutory guarantees when she signed the purchase agreement and claims she is not a consumer under the Australian Consumer Law anyway because the car cost more than $40,000.

Advise Linyu of her rights under the Australian Consumer Law.

Introduction:

Write follow: IRAC

I (Issue)

R (Rule)

A (Application)

C (Conclusion)