CASE STUDY: Read the following facts and answer the questions below.
Sangita likes to do all her shopping online. She has discovered lots of online shops on Australian websites since coming to Australia from India to study. She has family in Australia and wanted to thank them for their hospitality and support by buying them gifts for Diwali, last year.
Sangita knew that Myers Stores is a large department store and that it has an online store. She thought it would be good to buy from Myers because of the variety and because she had heard that Myers has a good returns policy. She wanted her family to be able to exchange her gifts if they wanted something different.
Sangita bought lots of small items that were a success with her cousins. But she was very unhappy with the following:
a) Sangita bought her Aunt Shindu a rice cooker because her aunt always had so much rice to cook for her family. Sangita ordered a rice cooker that was on special for $59.95. When her aunt opened the parcel that had arrived for her, she found a box that said ‘rice cooker’ on the outside but inside was an electric fry pan.
b) Sangita bought her Uncle Ramdas an electric drill. Her uncle was often busy around the house fixing things and sometimes she would hear him mutter ‘ if only I had a drill’. Sangita was happy to find a drill for $69.95 online. Her uncle was very excited with his gift and immediately set up the drill in order to drill holes for clothes hooks in the bathroom. Unfortunately as soon as he turned the drill on there was a smell of burning, the drill became very hot and then would not work.
c) Sangita bought her cousin Pooja an electric toothbrush. Pooja was always worrying about her teeth and brushing them three times a day to make them look white. Sangita had told Pooja not to eat so many sweets but Pooja loves chocolate. Sangita contacted the online sales assistant via the online chat forum and asked if the electric toothbrush she had picked out, which cost $49.95, could be operated with batteries and main power because Pooja would want to carry the toothbrush with her. The online sales assistant assured Sangita that the toothbrush operated with batteries or could be plugged into mains power. Pooja was happy to receive the toothbrush but disappointed when she examined it and found that it could not be operated with batteries.
When Sangita took her purchases back to Myers in store to return them, the sales assistant at an information counter referred her to her online receipts, which she had downloaded and printed off, and which said:
‘Myers Stores offer no refund, exchange or replacement for items purchased online.’
With reference to the Australian Consumer Law, answer the following questions in relation to each transaction between Sangita and Myers Stores:
1. Does the transaction fall within the operation of the Australian Consumer Law (‘ACL’)? (10 marks)
2. What implied guarantee/s could Sangita argue have been breached by Myers Stores Ltd? (45 marks)
3. What remedies, if any, could Sangita claim in relation to any breaches of the ACL? (15 marks)
4. Does the statement on each of Sangita’s receipts for the purchases have any legal effect, and if so, what is the effect? (4 marks)
The thought unmistakably communicated is that ‘the ceremony/Of requests and degrees’ is void, vainglorious and unreasonable. The writer sees the shameful acts of the world and that ‘the best/Ruled not’; nothing could be more disparaging of the Regency overabundances of mid Nineteenth Century England. It was, as Byron, Shelley et al trusted, a ‘U-turn’ of incredible scale for Wordsworth, in later life, to ‘re-survey’s his work and take an Establishment see, and the joke of Southey in ‘Epic Renegade’ is in this way to a great extent defended, however Byron was not entirely free of affectation himself, obviously, nor was Southey alone in his ‘deserting’ to an adjusted elucidation of the term ‘Sentimental’, putting the accentuation much more on the concordance with nature which is these days for the most part connected with the development. An incredible inverse was valid for the early Romantic, William Blake. Never ‘in order’ with any ‘development’ as such, Blake held an intense, eccentric, changing and to a great extent rebel line for the duration of his life. In his ballad ‘London’, from Songs of Experience (1794) Blake straightforwardly censures each level of specialist, even the position of authority: I meander thro’ each charter’d road, Near where the charter’d Thames does stream, And check in each face I meet Marks of shortcoming, characteristics of hardship. In each cry of each Man, In each Infant’s cry of dread, In each voice, in each boycott, The psyche forg’d wrist bindings I hear. How the Chimney-sweeper’s cry Every black’ning Church shocks; And the hapless Soldier’s moan Runs in blood down Palace dividers. Be that as it may, most thro’ midnight avenues I hear How the energetic Harlot’s revile Blasts the new conceived Infant’s tear, And scourges with plagues the Marriage funeral car. T. S. Eliot’s celebrated comment that Blake’s verse has ‘a trustworthiness against which the entire world schemes since it is offensive’ is unmistakably prove here. His perspective of London is portrayed by being taken from the level of the common man and lady. Like Dickens, later, he selected to be the ‘voice’ of the ‘regular man’ not the ‘mouthpiece’ of the Establishment; his ‘sensibility’ makes him respond to the ‘blood’ on the ‘Royal residence dividers’ and however an ‘incredible London visionary’ (Ackroyd, 2000, p.15) not incognizant in regards to its flaws. Blake’s dark ‘roads’ are ‘charter’d’, subsequently, represented, under run, and along these lines planned to be ensured. The way that they are not condemns the whole society starting from the throne, incorporating the ‘black’ning church’ which appears to be unaware of the social wrongs exemplified in ‘the Chimney-sweeper’s cry’ and ‘the energetic Harlot’s revile’. The ‘twofold standard’ of this corruptly drove society is hated by the artist and he doesn’t contract from declaring his extreme aversion. In addition, in the ‘psyche forg’d wrist bindings’ he sees the hand of the ruler (particularly since he initially composed ‘German fashioned connections’). The artist embodies the changing energy which educated early-Romanticism. Blake was a quintessential uncompromising craftsman, whose composed work was constantly joined by a carefully made etching on bronze, shading washed, at that point printed. Notwithstanding, his specialty was as unique in relation to his peers’ as his written work. The Regency saw the improvement of definite Landscapes communicating significant passionate profundity. This was especially energized by the Prince Regent, who built up his own particular gathering and encouraged the administration to do in like manner, rousing the later establishment of ‘The National Gallery’. Samuel Palmer’s effortlessness of style joins with the visionary religious inclination got from Blake; John Constable’s calmly, untainted country scenes, creatively made in the outdoors, evoked an England as of now felt to disappear and to be the all the more so with the happening to the Industrial Revolution. In fact, much Victorian Literature, written in the mid-nineteenth century, is set in the season of the Regency. For instance, Emily Brontë’s Wuthering Heights, distributed in 1847, starts in 1801, with ‘flashbacks’ in the double story to the late eighteenth century and Lockwood, the ‘gatecrasher’ from London, and depicted as a highbrow ‘dandy’, speaks to the Regency thought that ‘the City’ was ‘the focal point of the Universe’. (Strikingly, the Brontë sisters in all likelihood took their models for the ‘wild, untamed’ saints of their books from the written work of this time, as well, being ‘Byronic’ in nature; they were additionally affected by their appreciation of the Duke of Wellington, a pundit of the Prince Regent.) This was very across the board in the mid nineteenth century, to be found underway of George Eliot and Thomas Hardy among others. Turner’s wild and intentionally undefined ‘seascapes’ affected later creators and also specialists and the Regent’s affectability to the significance of Art is prove in his support of it for the duration of his life. As grahame Kenneth’s ‘Amphibian’, he frequently ended up fixated on crazes just to drop them without additionally thought yet it is a declaration to its significance to him this was not the situation with Art, to which he stayed committed in his help and gratefulness regardless of the numerous censuring exaggerations which parodied his life and rule, calling him, in later life, ‘the Prince of Whales’ (Le Faye, p. 44) because of his bulky form; Keats even alluded to him as ‘fat George'(Gittings, 1970). To be sure, to some degree, he satirized himself all the more effectively, though accidentally, by authorizing strangely complimenting ‘official’ representations by, for example, Sir Thomas Lawrence (1816). ‘Prinny’, as he was known by his inward circle, was similarly inspired by engineering, authorizing John Nash to redesign Windsor Castle and Buckingham Palace, and in addition to reshape London. Over the span of this, the eponymous Regent’s Park was created, at first for private utilize just, from the previous Royal Hunting Grounds (Ackroyd, 2000); this, in any case, was probably not going to charm him to the keeping masses from whom he appeared to be generally neglectful. Indeed, even his sibling, William IV, later commented that the Prince Regent had, ‘doomed costly tastes’ in ‘knicknackery’ (Brown and Cunliffe, 1982, p. 148) however given his uneasy association with his family, it was unavoidable that any part of his life that could be condemned, would be, particularly since affirmation of George’s imperfections could just add to the prevalence of his successors; the good and calm supplanting the shameless and effortless. (This would come full circle in the excessively ‘healthy and respectable’, Queen Victoria, who is recorded as having despised being close ‘Uncle King’, as she called George IV, saying it was: ‘excessively disturbing on the grounds that his face was secured with greasepaint’.) No place was this more apparent than in the Prince’s private life, which both as Regent and King, was constantly ‘extremely powerless’; to such an extent that the majority of his correspondence was annihilated on his passing (Aspinall, 1963). His ‘first love’, Mary Robinson, a performing artist whose stage name was ‘Perdita’, gotten enthusiastic love letters from him in his childhood marked ‘Florizel’ (presumably a reference to Shakespeare’s A Winter’s Tale where characters so named become hopelessly enamored: Florizel is a ruler, Perdita an imperial raised by a shepherd). Vigilantly, given the Prince’s relative penury in later life, she removed a budgetary ‘bond’ from him to be recovered on his transitioning; shockingly, the Regent regarded this however at that point, he was generally liberal to his courtesans as opposed to his spouses. Maria Fitzherbert, a twice-widowed Roman Catholic and the adoration for his life was considerably less fruitful monetarily. In fact, the Prince much of the time acquired from her and avoided his leasers at her home. Her religion restricted their marriage, however George wedded her in mystery, in 1785, without the assent of the King, along these lines rendering the association unlawful. By and by, he stayed near her to the finish of his life and after his passing, Wellington, not an admirer of the Prince but rather quick to save the pride of the government, made it his own undertaking as agent to consume his correspondence with Mrs. Fitzherbert. This was an activity in retroactive ‘harm constraint’, since a great part of the feedback of George had encompassed his ‘relational unions’ and contacts. His thoughtless activities made it considerably less demanding for the prevalent press to parody him and keep on holding him in low-regard, albeit quite a bit of what he accomplished was helpfully ignored or viewed as ‘silly’. The Times composed of him that he favored ‘a young lady and a jug to legislative issues and a sermon’ however ignored the way that he had this, at any rate, in like manner, with the greater part of his peers. George had been constrained by the King, for monetary reasons, to wed his cousin, Caroline of Brunswick, in 1795. Caroline, it shows up, was prevalent with everybody except the Prince in spite of her thoughtless activities, for which many, as Jane Austen, pointed the finger at George (when the Prince first observed Caroline, he as far as anyone knows called hysterically for schnaps). They were isolated instantly after the introduction of their little girl and George restricted her from his intricate crowning ritual. Caroline, not effortlessly hindered, endeavored to constrain her way in yet was repulsed by the boxers George had employed as pages (Brown and Cunliffe, p.234). In any case, she stayed extremely prevalent with the overall population. George was evidently unequipped for accomplishing comparable ‘fame’; in fact, he seems to remain to a great extent apathetic regarding it, despite the fact that his mentor was physically assaulted in 1817. Rather than responding emphatically to the turmoil, he picked rather to ‘set styles’, taking up Regency ‘dandies’ like ‘Lover’ Brummell and utilizing them as his ‘model’ at that point dropping them in light of unimportant squabbles. (Brummell broadly struck back by reacting to an imperial censure with the inquiry: ‘Who’s your fat companion?’ yet paid for it.) George surrendered the utilization of wig powder when it was saddled, is to a great extent credited with having spread (on Brummell’s recommendation) the appropriation of the dull effortlessness in male clothing which supplanted the more intricate and colo>