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Statutory Interpretation exercise-contract
Page 1/6

Statutory Interpretation exercise-contract

Introduction to Property and Commercial Law - 70327

6 Pages University of Technology Sydney Essay / Project Year: Pre-2017

The objective of this assignment is for you to read given provisions of the Competition and Consumer Act 2010 (Cth) and then apply relevant provisions to answer the question you are asked below. A copy of the Competition and Consumer Act 2010 (Cth) can be accessed on Austlii. ADVICE SOUGHT BY YOUR CLIENT Muttley Pharmaceuticals Ltd (‘Muttley’) is a drug company specialising in the manufacture and sale of drugs and medical products to vets and the general public. You are employed in house in the legal department of Muttley. The General Counsel of Muttley has drafted a standard form contract for use throughout the operations of Muttley which is attached. This standard form contract will be used for all sales Muttley makes to Vets in NSW for use in their veterinary practices as well as to the general public. Customers will not be permitted to make any amendments to these terms and conditions. Muttley’s General Counsel has asked you to review the attached standard form contract. He wants to know whether the draft contract is compliant with the Competition and Consumer Act 2010 (Cth). If it is not compliant please provide a memorandum of advice to General Counsel explaining why in your opinion the standard form contract does not comply with the Competition and Consumer Act 2010 (Cth) and to what potential liability, if any, the company is exposed. Your advice should be supported by an analysis of the relevant provisions of the law. In your answer only refer to the following provisions of the Competition and Consumer Act 2010 (Cth) sections 2C, 4, 4G, 4H, 4J, 51ADB, 51ADD, 133B and Schedule 2-Australian Consumer Law sections 2, 3, 7,9,10,11,12,13,16,18,19,20, 21,22, 22A, 23, 24, 25, 26, 27,28, 29, 30, 31,32, 33,34, 37, 38, 39, 40, 41, 45, 48, 223, 224, 225, 232, 233, 234, 236, 237, 239, 243, 246, 247, 248, 250, 251. Not all these provisions are necessary for a complete answer. Some may not be directly relevant. Some may be totally irrelevant. This is part of the exercise.


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