Question one: CONSUMER LAWa)Advise Tommy as to the application of the exclusion clauses?The Australian Consumer law (ACL) startedto apply on January 1, 2011. Previously thenational, state or territory consumer laws were applied and enforced by the relevantnational, territory and state consumer agency. Many consumers are usually confident thatbusinessesdo the right thing, however lack of awareness of the rights and obligationsunder the consumer laws has led to vulnerability of many consumers in society.As in the case of Tommy, lack of knowledge of the rights and obligations of consumerasprovided in the Australian consumer law may lead to inability to solve disputes.The schedule 2 of the Competition and Consumer Act 2010 provides that, the conditionsand warranties implied and the rights and remedies created by the Australian Law cannotbe excluded. Therefore, any attempt to exclude the conditions, warranties whetherstatutory or otherwise is made void by the terms of the Act. This condition thus makesthe company liable to prosecution under the Act.This means thatexclusion clauses arenot applicable.b)How would a court interpret clause (1) and would the clause cover Jay’s liability foritems stolen by its employees?Clause 1, states that the proprietor of Jay’s dry cleaning does not accept liability for anyloss or damage caused to clothing items during the dry cleaning process. The courtsinterpretation will be as follows:Preview Mode
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