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Joe saw an advertisement in the local newspaper for a second-hand car which was for sale in Murray's Garage - Leaving Cert Business - Question 1 - 2012

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Joe saw an advertisement in the local newspaper for a second-hand car which was for sale in Murray's Garage. The advertisement stated that the car was four years old... show full transcript

Worked Solution & Example Answer:Joe saw an advertisement in the local newspaper for a second-hand car which was for sale in Murray's Garage - Leaving Cert Business - Question 1 - 2012

Step 1

What is a contract?

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Answer

A contract is a legally binding agreement between two or more parties. It serves as a formal arrangement for the sale of a product, service, or any exchange of considerations that both parties agree upon.

Step 2

Explain Offer, Acceptance, Consideration

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Answer

  1. Offer: A voluntary proposal or promise made by one party (offeror) to another party (offeree) which must be accepted by the offeree to create a legally binding contract. In this case, the offer was made when the car was advertised at Murray’s Garage.

  2. Acceptance: This refers to the assent or agreement to the terms of the offer by the offeree. In this scenario, Michael accepted Joe's offer of €9,000 for the car when they agreed on the price.

  3. Consideration: This is the value exchanged in a contract, meaning each party must provide something of value to the other. Here, Joe pays €9,000, and in return, he receives the car.

Step 3

Explain the terms 'Performance' or 'Frustration'

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Answer

  1. Performance: This occurs when both parties in a contract fulfill their obligations as agreed, completing the contract as intended. For example, Joe would take possession of the car after paying Michael.

  2. Frustration: This term arises when an unforeseen event prevents the contract from being fulfilled, such as the unexpected death of one party or a significant change making the contract impossible to execute.

Step 4

Explain how Murray's Garage broke the terms of the Consumer Protection Act, 2007

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Answer

Murray's Garage breached the Consumer Protection Act, 2007 by providing misleading information regarding the condition of the car. The advertisement stated that the car had 32,000 kilometres on the clock, but upon inspection, it was discovered that the actual mileage was 62,000 kilometres. This misrepresentation can lead to legal issues under the Act as it protects consumers from false claims.

Step 5

Outline two functions of the National Consumer Agency

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Answer

  1. The National Consumer Agency (NCA) aims to protect consumer rights by informing consumers of their rights, such as publishing guides and providing a consumer phone service or website.

  2. The NCA enforces consumer law by investigating complaints against traders, ensuring compliance with legal standards, and taking necessary actions against violations.

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