Formal Letter of Complaint to All Cars Protection Pty Ltd - Law Assignment Help

Assignment Task

Question 1
Daniel was a 19-year-old who attended the Brunswick Roller-skating Club with friends to go roller-skating. Daniel hired a pair of roller skates and sat down on chairs provided by the Club to put on his skates. He then walked to a flight of stairs in order to climb down to the rink, which was at a level about 2 metres below. There were no warning signs at the entrance to the Club or around the stairs regarding risks associated with climbing down to the rink on roller skates. There was no other way to access the rink before a participant could put on their skates.
Daniel used the tip of the two front skate wheels to climb down the stairs. As he was climbing carefully down the stairs he slipped. Daniel tumbled down the stairs landing heavily on his right ankle. The floor area around the stairs was covered in rubber material that was clearly intended to be soft, waterproof and non-slip. Each step on the stairs also comprised a grooved edge strip which was bright red and made of a non-slip, material. However, on the step where Daniel tripped some of the non-slip material had broken off and come away leaving it partly uncovered.
Because of the fall, Daniel sustained a serious fracture to his right ankle. He could not work for three months and had to undergo several medical procedures to repair the fracture to his ankle.
A. Referring to the Common Law of Negligence, advise whether Daniel could successfully sue the Brunswick Roller-skating Club for Negligence. Use case references to support your answer.
B. Discuss the relevance of vicarious liability and any defences the Club may try to raise to avoid their liability or reduce possible compensation.

Question 2
All Cars Protection Pty Ltd is a successful business which sells vehicle products and accessories online and instore. All Cars Protection advertise their products online claiming:
“Here’s why we’re the best: Free shipping; Guaranteed fit; Hassle free returns within 30 days.”
Constance recently purchased a new BMWX1 SUV from a luxury car dealer and ordered an item online from All Cars Protection Pty Ltd after reading the following advertisement and product description:
“Brilliant All-weather Vehicle Cover
”Full Protection All Sides and Roof (Bonnet and Boot)
Size: 4WD to 4.5M Long
Suits BMW X1 X2 X3 X4
$500
This cover features thick compressed padding to reduce the risk of hail damage on all sides including the windows of your vehicle.
When the car cover is delivered to Constance, she finds it is not what she expected and unsuitable for her needs. The cover requires at least two people to place it upon her BMW because it is so heavy and way too big for the car. As Constance and her friend remove the cover from the car, they notice a tear in the material. Constance attempts to pack the cover up but it is impossible to compress it back into the original packaging.
Annoyed, Constance immediately posts the following complaint in the Chat Box to All Cars.
All Cars Protection Pty Ltd: Dispute raised: #1 for Order #N93552 on 5 Jul 2021 (13:53)
Type of Dispute: Item
Reason for Dispute: All Weather Vehicle Cover I purchased is significantly different from that described and damaged
Status of Dispute: New
Message:
I find the cover delivered is bigger than my car and not what I thought it would be. The cover is also torn. I am disappointed. I would like to return it and get a refund please.
Regards, Constance
Constance is dismayed to receive the following response from All Cars a day later:
“All Cars Protection Customer Service Team Complaint Response”
Hi Constance,
The All-Weather covers are universal and come in set sizes.
Assuming it is still in its box and in resaleable condition you can return to our warehouse at your expense. As this is a change of mind return, we will only refund 80% of the purchase price.”

Task: write a formal letter of complaint to All Cars Protection Pty Ltd outlining how the business has breached Australian Consumer Law. You must refer to possible breaches of Australian Consumer Law Guarantees and s18 relating to misleading and deceptive conduct. Explain what Action will be taken and with whom if your problem is not remedied satisfactorily.

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