JUST1137 - Real Estate Law - Law Assignment Help

Assignment Task

Question
Sammy purchased an apartment in September 2020. It was 12 years old. He had a lovely view of the sea from his balcony. Sammy was a party guy and decided to purchase a BBQ. The Nebber was priced at $1,110 but Sammy went for the Deluxe Nebber for $1,399. The advertisement promised fancy tongs and a set of 3 different sized spatulas with the Deluxe. Both the base Nebber and Deluxe Nebber came with a $250 BBQ cleaning set which promised “to clean the BBQ ducts in seconds to bring you a BBQ as new!”. On 24 December 2020 at 4.50PM the Deluxe Nebber was delivered. The delivery person was in a hurry and left the box with the apartment concierge. Sammy picked up the box on Christmas Day, after he had a few drinks. He then fell asleep on the couch and only woke up on Boxing Day at 10AM. He was in a panic as he had to prepare the salads. He knew the BBQ would take only moments to set up. He worked solidly to prepare the salads and a fancy pavlova. Cindy, his sister, arrived at 12.45PM to start the BBQ. She also brought vegan burgers for the non-meat eaters. Guests were to arrive at 1.30PM. Sammy opened the Deluxe Nebber box to assemble the cooker and realised that the Deluxe tongs and spatulas were missing. Sammy was upset, but practical, and decided they would use a fork to BBQ the meat and sausages. Cindy struggled with fork as the steaks were large and tough. The party was a success, and everyone complemented Cindy on her BBQ skills. At 9PM the last guest left, and Sammy started to clean up. He decided to tidy up the BBQ in the morning, as he knew it would only take a short time. Cindy and Sammy rose the next morning and Cindy could not get out of bed. She had drunk seven glasses of wine, but she felt the lack of tongs and spatulas had agitated her back pain. She was in agony, and Sammy told her to rest in bed, and he would clean the BBQ. He reached into the box for the cleaning kit but it was not there. He called the BBQ store to find out if they could drop the cleaning kit off to his apartment, but they said it will take a week. They told him he should clean the BBQ and its drainage system immediately otherwise the BBQ could be damaged. Smit the telephone salesperson also informed Sammy that there is no actual cleaning kit in the world that can clean meat grease “like good old soap, water and a muscle power!”. Sammy was unhappy as he did not have time to scrub the BBQ and wanted to rely on the whizz bang quick fix cleaning kit which promised so much! Ten days after the party, Cindy was upset because her back was still very sore and Sammy was furious as the cleaning kit had still not been delivered. Cindy wants damages for her sore back from the BBQ store. Sammy wants a full refund. Advise Cindy and Sammy on their rights.  
Rely on contract law, consumer protection law and incorporate relevant case law and statute in your answer. You are expected to make reference to section 54 ACL and other relevant ACL sections. You must only use AGLC for your case law and statute referencing. No bibliography required. No secondary sources (so no text books only case law and statute).

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