Hello there, I need urgent help with this essay. I do not know how to even start on this essay. It is business law relat
Posted: Thu May 19, 2022 10:50 am
Hello there, I need urgent help with this essay. I do not know
how to even start on this essay. It is business law related. If you
can please write the answer around 1100 words. Thank you very
much.
Mr Ellis lives in rural Victoria. His property is off
the electricity grid and has no independent source of
power.
On 22 October 2012, he signed a purchase agreement with
Bailey Engineering Pty Ltd for a 3.6kW hybrid power system. The
model of the system was Firefly CYGNUS 3.6. He dealt with Mr
Bailey, director of the company. The purpose of the system he
purchased was to provide power through the combination of a wind
turbine and solar panels. The purchase price of $19,800 included
full installation. Mr Ellis paid a deposit of $11,900. The balance
of $7,900 was to be paid when the installation completed and the
system generated
power as intended. Mr Ellis is a tamer and that was the
first time he bought a hybrid power system.
The footnote number five in the agreement contained a
clause stating that "The batteries installed in the
system
are supplied by Bosch Germany. Thus, Bailey Engineering
Pty Ltd will not be responsible for their functioning as well as
any damage caused by them". Since Mr Ellis did not read the
footnotes in the agreement, he was unaware of that clause when he
signed the agreement. One day before the meeting to sign the
contract, Mr Ellis received an email from Mr Bailey. The email was
entitled "Advice on Maintenance". Apart from the detailed
information regarding the way the system should be maintained, the
last lines of the email also stated that "The batteries installed
in the system are supplied by Bosch Germany. Thus, Bailey
Engineering Pty Ltd will not be responsible for their functioning
as well as any damage caused by them". Mr Ellis opened the email
but read it in hurry and thus missed the statement in the last
lines of the email. The receipt of the deposit also
contained
the same statement. However, it was not clear whether Mr
Ellis checked the receipt or not.
The hybrid power system was installed at Mr Ellis's
property by Bailey Engineering staff on 23 October
2012.
No Energy Efficient Light Bulbs were provided to Mr
Ellis. To reduce costs, Bailey Engineering used the batteries made
in China by Amperex Technology to install in the system for Mr
Ellis. When Bailey Engineering staff finished the installation,
they turned the system on and left the property. The system ran for
a couple of hours and then turned off by itself. Mr Ellis tried to
restart the system many times but the problem
persisted.
During the time the system appeared running, it did not
generate any power.
On 25 October 2012, Mr Ellis called Bailey Engineering
to report the problem. Bailey Engineering staff came and discovered
that the batteries malfunctioned and did not charge sufficiently to
generate power. Specifically, it was a 220voltage system, if the
battery charge dropped to 200voltage it would shut off. After being
informed of the problem and its cause, Mr Bailey called Mr Ellis
and told him that "if you pay extra $5000, we will change the
batteries and make the system work for you". Mr Ellis was in need
of power and thus he agreed to the requirement.
On 7 November 2012, the batteries of the hybrid power
system were replaced by Bailey Engineering staff and the system
started generating power. The replacement batteries were also made
in China by Ampere Technology.
The hybrid power system worked for five days but then
the batteries overheated and exploded, destroying the entire roof
of Mr. Ellis’s house. Mr Ellis had to spend $30,000 to repair his
house. During the time the system worked, the batteries can be
charged up to 210 voltage only. Being frustrated with the problems,
Mr. Ellis refused to pat Bailey Engineering the remaining $7,900
and $5,000.
Please discuss who can sue whom for what? (all relevant
legal issues should be discussed regardless of whether these
relevant legal issues are successful or not).
Do not discuss tort law.
how to even start on this essay. It is business law related. If you
can please write the answer around 1100 words. Thank you very
much.
Mr Ellis lives in rural Victoria. His property is off
the electricity grid and has no independent source of
power.
On 22 October 2012, he signed a purchase agreement with
Bailey Engineering Pty Ltd for a 3.6kW hybrid power system. The
model of the system was Firefly CYGNUS 3.6. He dealt with Mr
Bailey, director of the company. The purpose of the system he
purchased was to provide power through the combination of a wind
turbine and solar panels. The purchase price of $19,800 included
full installation. Mr Ellis paid a deposit of $11,900. The balance
of $7,900 was to be paid when the installation completed and the
system generated
power as intended. Mr Ellis is a tamer and that was the
first time he bought a hybrid power system.
The footnote number five in the agreement contained a
clause stating that "The batteries installed in the
system
are supplied by Bosch Germany. Thus, Bailey Engineering
Pty Ltd will not be responsible for their functioning as well as
any damage caused by them". Since Mr Ellis did not read the
footnotes in the agreement, he was unaware of that clause when he
signed the agreement. One day before the meeting to sign the
contract, Mr Ellis received an email from Mr Bailey. The email was
entitled "Advice on Maintenance". Apart from the detailed
information regarding the way the system should be maintained, the
last lines of the email also stated that "The batteries installed
in the system are supplied by Bosch Germany. Thus, Bailey
Engineering Pty Ltd will not be responsible for their functioning
as well as any damage caused by them". Mr Ellis opened the email
but read it in hurry and thus missed the statement in the last
lines of the email. The receipt of the deposit also
contained
the same statement. However, it was not clear whether Mr
Ellis checked the receipt or not.
The hybrid power system was installed at Mr Ellis's
property by Bailey Engineering staff on 23 October
2012.
No Energy Efficient Light Bulbs were provided to Mr
Ellis. To reduce costs, Bailey Engineering used the batteries made
in China by Amperex Technology to install in the system for Mr
Ellis. When Bailey Engineering staff finished the installation,
they turned the system on and left the property. The system ran for
a couple of hours and then turned off by itself. Mr Ellis tried to
restart the system many times but the problem
persisted.
During the time the system appeared running, it did not
generate any power.
On 25 October 2012, Mr Ellis called Bailey Engineering
to report the problem. Bailey Engineering staff came and discovered
that the batteries malfunctioned and did not charge sufficiently to
generate power. Specifically, it was a 220voltage system, if the
battery charge dropped to 200voltage it would shut off. After being
informed of the problem and its cause, Mr Bailey called Mr Ellis
and told him that "if you pay extra $5000, we will change the
batteries and make the system work for you". Mr Ellis was in need
of power and thus he agreed to the requirement.
On 7 November 2012, the batteries of the hybrid power
system were replaced by Bailey Engineering staff and the system
started generating power. The replacement batteries were also made
in China by Ampere Technology.
The hybrid power system worked for five days but then
the batteries overheated and exploded, destroying the entire roof
of Mr. Ellis’s house. Mr Ellis had to spend $30,000 to repair his
house. During the time the system worked, the batteries can be
charged up to 210 voltage only. Being frustrated with the problems,
Mr. Ellis refused to pat Bailey Engineering the remaining $7,900
and $5,000.
Please discuss who can sue whom for what? (all relevant
legal issues should be discussed regardless of whether these
relevant legal issues are successful or not).
Do not discuss tort law.