Research Paper on:
Australian Law; Case Study Concerning the Trade Practices Act 1974

Unformatted Sample Text from the Research Paper:
spa prior to her purchase. Within the purchase Marilyn relied on verbal conversation and assurances or indications of the inclusions of certain assets. These included the video library, a potbelly  stove to the gas supply and the two above the ground hot tubs. These items are not specified with the sale contract. There was also a negotiations for up to  twenty of the health spas clients, with Marilyn may have interpreted to rely on the fact that the spa could cater for this many clients. However, after the purchase later  finds out that the licence is only for ten clients. Marilyn problem may be due to the two clauses in the sale contract, the first that there is the acceptance  by the purchaser of the premises in their current condition, and that there is no reliance on any verbal representation. Looking at the Trade Practices Act 1974 the  first thing that need to be considered is whether Marilyn can claim under these acts. The property is being purchased form Bill, and as seen, he has been conducting business  as a health spa, so we need to consider if this will count as trade and commerce within the act. For this to be held the transaction must be  seen as being akin to trade and commerce. Normally the sale of a property may be seen as exempt form this, as it is a single one of transaction not  taking place as part of a business deal. However, this is also a business, and as such it may be classified as a business deal. If Marilyn wants to  rely on Trade Practices Act 1974 there is also an additional problem, this is the case of OBrien and Anor v Smolonogov and Anor (1983) ATPR 40 - 418. This