Jessika Case Study - Law Assignment Help

Assignment Task :

COMPULSORY ASSIGNMENT 1 

The answer to this Question should be in essay format, and within 1000 words. Your written work should conform to all appropriate conventions of grammar and spelling and the directions set out in the Guide to the Presentation and Submission of Assignments found in the Guides and Policies Module in Canvas – in particular, in Guide to the Submission of Assignments

Jessika was a bar attendant at the Paramount Hotel in the Rocks in Sydney.  As a result of the COVID 19 pandemic and the government directive that all bars and cafes be closed for public health reasons, Jessika was stood-down by the managers of the Hotel. 

Even though she was able to access some support from the government, Jessika needed to earn more money to pay her rent and her living expenses.  As a result, she decided to start up an on-line bakery business, supplying loaves of bread ‘delivered to the door’ for those who are forced to socially isolate in their home.

In order to make her loaves of bread, she needed an electric mixer to make her dough.

She went to Garvey Horman’s Superstore to buy an electric mixer.

Jessika told the sales assistant, Martha, that she needed a top-of-the-range mixer that could knead large quantities of dough every day for her new bread making business. 

Martha recommended a Kitchenaid Stand Mixer KSM7590 priced at $3,500. Jessika said she had never heard of that brand before, but Martha assured Jessika that she had a lot of experience with these mixers and that she highly recommended it.  She said ‘it is the electric mixer that all the best home cooks use right now’ – and, in fact, it’s the one they use on Masterchef. On the box of the mixer, it had the Masterchef logo and had the words, The Gold Standard in Professional Mixing, across the top of the brand “Kitchenaid”.

As a result, Jessika bought the Kitchenaid mixer.

A few days later, Jessika started to make dough for her fledgling business.  The mixer worked perfectly and she started to churn out 100 loaves of tasty sourdough bread every day. 

On day 8 of her making, Jessika put all the ingredients into the mixer but shortly after she turned it on, smoke came out of the top of the mixer and then stop completely. Jessika was in tears.  Her mixer hasn’t worked since.

Advise Jessika 

In your advice, 

• Only consider any actions Jessika may have under the consumer guarantees contained in sections 54 and 55 of the Australian Consumer Law and the remedies that apply to those sections.

• It is only necessary to consider the sections in the Australian Consumer Law and the cases related to those sections that we have discussed in lectures.

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