澳洲 Law and business 或者指点下思路 满分送上Question Betty is looking for her first car.In the local paper she sees a full-page colour advertisement for Barry’s car sales:Used car sale.Unbeatable offers on 3-year old models.Low kilome

澳洲 Law and business 或者指点下思路 满分送上Question Betty is looking for her first car.In the local paper she sees a full-page colour advertisement for Barry’s car sales:Used car sale.Unbeatable offers on 3-year old models.Low kilome
澳洲 Law and business 或者指点下思路 满分送上
Question
Betty is looking for her first car.In the local paper she sees a full-page colour advertisement for Barry’s car sales:Used car sale.Unbeatable offers on 3-year old models.Low kilometres.12-month warranty.The featured vehicles include 3 model Pintos priced at $9,999 drive away.
On Saturday morning she goes to take a look.She takes a liking to the yellow Pinto,and has a good look around the outside and inside.She notes with satisfaction that the odometer shows 95,000.The salesman tells her:“Personally,I think this one is the best of the lot,with only one previous owner.” Betty replies that she would like to buy it,but the best she can do is $9,500 cash.He replies:“Alright.Come inside.”
In the office he prepares a sale document with a description of the vehicle and a cash sale at $9,500 and gives a copy to Betty,which she reads.There is no mention of warranty.They agree that Betty will return with payment within 7 days.Next Wednesday,having visited her bank,Betty returns with a bank cheque for $9,500 and collects her new car.There is a zipper case on the driver’s seat containing the handbook and previous service record,which she puts in the boot.
Three months later Betty finds that her car is slipping out of gear.Next morning she drops it off with Max,her mechanic.Max calls her that afternoon.The automatic clutch of the Pinto is badly worn and needs replacing.The total cost for the work is $2,500.From the handbook and service details Max discovered that the previous owner was a company,and the Pinto was a fleet car.At the time of the sale it had actually covered 195,000 kilometres.
Betty tells you that had she known about this,she never would have bought the car,and asks you to explain the legal situation to her.Has she any rights against Barry’s car sales?

澳洲 Law and business 或者指点下思路 满分送上Question Betty is looking for her first car.In the local paper she sees a full-page colour advertisement for Barry’s car sales:Used car sale.Unbeatable offers on 3-year old models.Low kilome
这个是关于 business law 的问题吧.这个问题告诉我们,不要买福特Pinto车,哈哈.
言归正传,所有的 B law 答题格式不知道你清楚不：
Issue：就是你主要证明的论点啦,比如有没有duty,是否breach duty,defence之类的.用一般疑问句形式.一般我会写成：The issue of this case is to identify whether Barry’s car sales breaches duty of care.
Law：Statute跟case.看看这个case跟哪些statute有关,抄上去,然后case law,抄名字就可以了,A v B这样,找的case要跟你的案例分析情况相似,可以辅助证明的,作用类似于essay的reference.
比如A在某人家里摔倒了,然后找屋主赔偿的case,你就找个类似的,也是说在人家家里摔倒,最后要求赔偿成功or失败的例子,来说明A能不能得到赔偿.
Application：就是把你写的这些law怎么跟你的案例相关,情况怎么符合写明白就可以了,通常就是according to XX case,怎么样怎么样（好像可以不用写case的情况,但是我通常习惯把court held的稍微总结一下,一句带过）,然后在这个case里面情况怎么怎么相似.中间可以有自己不同的论述.
Conclusion：就是重申一下法院大概会怎么判（通常开头就是 on the balance of probalitiy,the court may held……）,把第一个里面的issues回答一遍就可以了.
你这个题目是明显的 misrepresentation,就是误导买车行为,建议你具体看看B law 书上关于misrepresentation 那个章节,年份太长,不记得了.但是明显的可以运用 Sale of Good Act