Topic For Commercial And Corporations Law Assignment: Study the case and advise Mr. Roger as to his rights and remedies
Introduction:
The given Corporations Law Assignment case presents the victim Roger a practising dentist of Unconscionable Conduct and misrepresentation wherein he can file a case against Bianca on cheating on him. Unconscionable Conduct deals with the conduct of a person that is too harsh and goes against good conscience. Misrepresentation occurs when some facts are distorted and misleads the victim. Unconscionable Conduct deals with the transactions between the dominant and weaker parties and therefore breaks the normal equity between the two and also overlaps with the duress and undue influence.
Legal Advice to Roger:
Victim of the Unconscionable Conduct, Roger will be able to file a case study help under the following legal obligations. Roger in love with Bianca has been the victim of her trick and fraudulent behaviour and as such has wasted his monetary capital and valuable resource on her.
The Australian Corporations Law Assignment and Consumer Law has introduced prohibitions and legal consequences on dealing with Unconscionable Conduct on a national level in part2-2 of the ACL (Austin et al. 2010). These measures empower the victim on various legal grounds to offer protection and judgement to the same. Parties affected by Unconscionable Conduct can avail a wide range of remedies under this law by the first section of these prohibitions. The second prohibition explains and extends the concept of Unconscionability beyond the level of Equity and states that not only Corporations Law Assignment but also persons can rely on the stated prohibitions to get relief and sound judgement on the same ground.
Section 21 of the ACL prohibits unconscionable conduct in regard to the supply or acquiring of various goods and services from or by a person if the same is not from a listed organisation that can help Corporations Law Assignment(Hanrahan et al. 2010). In this case, Bianca is accused of receiving undue favours from the victim Roger in the form of monetary gifts and the last being the money that she took from Roger playing with his emotional weakness to buy a house.
Section 22 deals with the identification of the grounds which will help the court to decide whether the case fits into the category of Unconscionable Conduct the sessions for Corporations Law Assignment. The present case fits into the same as here the accused Bianca has received the goods and services from Roger who is not from any listed company. The parties involved in the case do not belong to any particular company that is listed legally and this prepares the ground for applying or filing a case on the above mentioned context (Homel et al. 2010). The accused Bianca demanded monetary help and accepted all undue favours from the victim Roger using the pretext of his soft corner for her. Had she been an honest person, she would herself have tried to earn a living to support herself and her children. The adulterous nature of the accused lady is clearly manifested when she stops meeting Roger and starts dating someone else. The victim wants the house transferred to his name and seeks legal counsel on the grounds of inherent dishonesty of Bianca and the confused state of himself. Driven by genuine emotions he always helped the accused lady whenever he saw her in trouble and in times of adversity (Lipton et al. 2012).
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Roger tried to help Bianca being totally unaware of her dishonest intentions thus establishing the ground for the extent to which the legal obligations determines the act of good faith in which the acquirer and the supplier engaged in as stated in section 21 of the ACL (www.accc.gov.au, 2014). The relative strength of the acquirer and the supplier, the condition of the acquirer that made the supplier to comply with the situations that initiated the supply to ensure legitimate protection of the acquirer all prepares the case to be one of Unconscionable Conduct (www.accc.gov.au, 2014). The relative strengths of Roger and Bianca are not equal as it has been clearly mentioned in the given case study that the latter was not in a financial well off position. Roger is a practicing dentist and is financially in a better position as compared to Bianca. Bianca used to live in her brother-in-law’s house and it was when the relation between Bianca’s sister and her husband got broken, that the accused was asked to evacuate the house wherein she demanded help from Roger influencing the latter to provide her the money to buy a house by means of manipulating his soft corner for her, playing on his emotions and making threats intended to harm herself thus compelling Roger to gratify her unjust demand (Hanrahan et al. 2010).
The relation between the parties involved at the time of the monetary impugned gift was such that the acquirer was manipulated the supplier’s emotion in such a way that the supplier developed a special disability in dealing with the acquirer. This disability was not the result of the supplier’s infatuation for the acquirer but the result of the extreme vulnerable situation in which the acquirer created an “atmosphere of crisis” leading the supplier top believe that the acquirer with whom he was deeply in love with (though one sided) was facing adverse times culminating in her desire to end her life by committing an act of suicide due to the eviction from her brother in law’s house (www.accc.gov.au, 2014). The acquirer was very much aware of this extraordinary disability of the supplier and manipulated the latter on the same ground. She actually compelled and manipulated the supplier to give her the money to buy a house and when she met a new man she severed all contact and connections with the victim Roger. When she had been asked for restitution of the same she denied giving the impression of the entire transaction to be of a most improvident one.
Furthermore the issue of misrepresentation comes to the surface when Bianca does not inform Roger of her new relationship and avoids all contacts with him. The assessment of Bianca’s character in her dealings with various men so far establishes her dishonest nature and prepares the ground for adultery to some extent (Homel et al. 2010).. The lady basically used Roger to gratify her unjust demands and whims instead of being a genuine friend to him. The material benefits of the relation were dear to her and as such she maintained the same to receive the continual advantages of the relation. She was least concerned about the health and wellbeing of Roger and basically used him as a machine to fulfill her whims and demands.
This taking of monetary help from Roger was not only for the buying of a house when she was asked to evacuate her brother in law’s house. Bianca had long since played and manipulated the emotions of Roger. Roger used to buy gifts not only for her but also her children besides paying her household bills and buying food for the children and Bianca. This establishes the ground for undue influence or pressure exerted as well as the use of unfair tactics as stated in section 21-2.d (www.australiancontractlaw.com, 2014). There was no written contract to support the transaction of monetary demands that went on between both the parties for a long time.
These prohibitions are meant to curb down the negative impact of unconscionable conduct and ensure the well being of the individual and the sanctity of a healthy society (Hanrahan et al. 2010).
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The victim has been forced to subdue to her demands due to his genuine emotions for the accused which the accused used as a means of convenience and sustenance as she was long abandoned by her husband and had more than one child and used to live with her sister and brother in law. She basically maintained the so-called friendship with Roger due to the material advantages she gained from the linkage. The inherent dishonesty of her intentions is clearly manifested when she abandons the genuine emotion of Roger the moment she gets a new man potent enough to fulfil her unjust demands. This is enough to portray her immoral character and amorous nature (www.australiancontractlaw.com, 2014). She denies the decent proposal of marriage that Roger gave yet maintained the friendship to gain the advantage of the material benefits that resulted from this association certifying her bad character (Austin et al. 2010).
Conclusion:
The present case is strong enough to be judged on grounds of Unconscionable Conduct wherein the victim will get judgement from the judicious authority of the nation. The Australian court of law shall determine the grounds, on which the victim is worthy to get compensation for the loss or damage, the financial penalties if any to be given or received by the victim. The court on trial and observation may also declare the contract to be void in entirety or in parts. The court may also have the contract or the arrangement varied if it deems necessary. The conditions mentioned above should be met to get a fair judgement from the court and move on with honour in the next course of life.