The uniform application of Community Law

The uniform application of Community Law Title: The uniform application of Community law can never be achieved because it is too easy for national courts to decide important points of Community law for themselves. Critically evaluate the above statement. Introduction Given that the European Union of 2006 consists of 25 different states, which operate under (more than)[1] 25 different legal systems and court structures based on different heritages and subject to different political and socio-economic pressures it is certainly appropriate to concede that the uniform application of Community law is a tall order. That said however, in law it is always dangerous to use the word never. Supremacy of EC Law It is first worth making the point that all forms of EC law prevail over all forms national law. Cases such as Van Gend en Loos[2] and Costa v ENEL[3] gave the European Court of Justice the opportunity to make this fundamental principle clear in the early days of the EEC in the 1960s. The sovereignty of EC law, now largely accepted by courts around the EC, underpins the Community’s pursuit of the goal of uniform application. As confirmed by cases such as Defrenne v Sabena[4] the principle of direct effect operates alongside the supremacy rule to facilitate and encourage the uniform application of EC law in the courts of the member states. Article 234 EC Article 234 of the Treaty of Rome sets down a procedure vital to the consistent application of Community law. The Article provides: â€Å"The Court of Justice shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of this Treaty (b) the validity and interpretation of acts of the institutions of the Community and of the ECB; (c) the interpretation of the statues of bodies established by an act of Council, where those statutes so provide. Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.† First, it is clear from the above that national courts do not possess the jurisdiction to rule on the validity of acts of the EC institutions. As Foto-Frost v Hauptzollampt[5] confirms, all such questions must be referred to the Court of Justice and it is argued that this goes some way to ensure the harmonious application of EC law in the member states. The Article 234 mechanism ensures that ambiguous questions of EU law can be referred to the Court of Justice for an authoritative answer and its importance in the EC legal order is hard to overstate. Clearly without such a procedure the courts of the different member states could and almost certainly would resolve issues of EU law slightly and perhaps sometimes wildly differently. Article 234 allows questions to be referred from the lower courts of the member states at the discretion of those courts and importantly it imposes a mandatory duty on the supreme courts in each member state to refer questions of EU law to the European Court. In theory this procedure ensures that EU law is both interpreted and applied in a uniform manner across the Community. The duty imposed on courts of the last resort to refer questions of EU law to the Court of Justice is obviously important, because there is no further domestic appeal from such courts. The duty was confirmed inter alia, in the case Gaston Schul[6]. The CILFIT ruling[7] stipulated that the duty to refer under what is now Article 234[8] did not apply where: (a) the question of EU law is not relevant to the domestic proceedings; (b) the provision has already been interpreted by the Court of Justice and the answer is clear even though the circumstances of the current case may not be identical; (c) the correct interpretation of the law is so obvious as to leave no room for reasonable doubt. In the early days of the EEC, when the national courts of the member states were still struggling with the notion of a supreme Community law, many decisions in the UK and other member states such as Germany and Italy indicated a more lax approach to the use of what is now the Article 234 procedure. In HP Bulmer Ltd V Bollinger SA[9] Lord Denning suggested a reference would only be necessary if it was deemed to be conclusive to a judgment. Such cases do not represent the law today, having been undermined by the definitive CILFIT ruling, which has been endorsed and applied in many subsequent rulings: Intermodal Transports BV v Staatssecretaris van Financià «n.[10] It should also be noted that the European Court’s predisposition towards contextual and purposive interpretation designed to buttress and sometimes even proactively increase the efficacy of EC law is readily apparent in this field. In Broekmeulen v Huisarts Registratie Commissie[11] the question was whether the appeal committee of a medical body constituted a â€Å"court or tribunal† under the terms of Article 234. The Court of Justice held that it was imperative to ensure the proper functioning of Community law that it should get the opportunity to rule on references from as many forms of body as possible and thus included the committee in question within the notional ambit of â€Å"court or tribunal† in the context of Article 234. This general judicial policy, if consistently pursued, bodes well for the harmonious application of Community law. Concluding Comments It is submitted that to assert that the uniform application of Community law can never be achieved because it is too easy for national courts to decide important points of Community law for themselves is an unduly negative stance to take. It is undeniably difficult to achieve the perfectly uniform application of Community law in the circumstances in which the EU finds itself, and doubtless as the boundaries of the Union extend, both in geographic and legislative terms, the task of ensuring uniform application will become ever more exacting. However, the legislative mechanisms to guarantee the consistent application of Community law are in place and the Court of Justice has proved itself committed to the role of policing the application of EU law and enthusiastic in the fulfilment of that end. Inevitably teething troubles will persist as legal systems are slow to adapt to change and generally resistant to external reform but as each year passes it is predicted that Community law will enjoy more consistent interpretation and application on the foundations of rigorous jurisprudence delivered by the European Court. Perfect uniformity may never be achieved, but then where in life is perfection possible? Effective uniformity is an achievable end, and it is submitted that EU law will in time achieve this. THE END WORD COUNT: 1132 (word count for answer only exceeded word limit to account only for the reproduction of Article 234 in full) BIBLIOGRAPHY Craig De Burca, EU law Text, Cases and Materials (Oxford University Press: 2003) Steiner Woods, Textbook on EC Law (Oxford University Press: 2003) Stephen Weatherill, Cases and Materials on EU Law, (Oxford University Press: 2004) Treaty of Rome (as amended) 1 Footnotes [1] For example in the United Kingdom distinct legal systems operate in England and Wales, Scotland and Northern Ireland. [2] Case 26/62. [3] Case 6/64. [4] Case 43/75. [5] Case 314/85. [6] C-461/03. [7] Case 283/81. [8] Formerly Article 177 EC. [9] [1974] Ch 401. [10] Case C-495/03. [11] Case 246/80.

Mystic Monk Coffee

1. Has Father Daniel Mary established a future direction for the Carmelite Monks of Wyoming? What is his vision for the monastery? What is his vision for Mystic Monk Coffee? What is the mission of the Carmelite Monks of Wyoming? * The future direction for the Carmelite Monks of Wyoming has been clearly established by Father Daniel Mary. The vision is to create a new Mount Carmel in the Rocky Mountains to become a new home for the brotherhood which is a much bigger place that would include accommodations for 30 monks, a Gothic church, a convent for Carmelite nuns, a retreat center for lay visitors and a hermitage. The vision for the Mystic Monk Coffee is to segment the majority of U. S. Catholic population who drank coffee and to support the monastery’s mission. The mission of the Carmelite Monks of Wyoming is just like the other monks, dedicating their life to prayer and worship. 2. Does it appear that Father Daniel Mary has set definite objectives and performance targets for achieving his vision? * Yes, the group believes that Father Daniel Mary has clearly set his goals and used this as a basis in choosing steps in which they must undertake to achieve the said goals. Unfortunately, how the definite the vision is, it seems like the resources is not enough and the timing is lousy. 3. What is Father Prior’s strategy for achieving his vision? What competitive advantage might Mystic Monk Coffee’s strategy produce? * The strategy of Father Prior in order to achieve his vision is the coffee industry they called ‘Mystic Monk Coffee’. The competitive advantage MMC’s have against the competitors is the use of high-quality fair trade Arabica and an organic Arabica beans instead of just using one (Robusta or Arabica), they used mixed beans. Another is the specialty flavours like Mystical Chants of Carmel, Cowboy Blend, Royal Rum Pecan, and Mystic Monk Blend. Moreover, their marketing that reached the internet is another plus which makes it easier for the market to be accessed. Their sample bags which cost $2. 99 or the all flavours 12-ounce bags which cost $9. 95 are available online and were delivered by the UPS. Another plus is the â€Å"coffee club†, which people can purchase 3-6 six bags for free shipping. Freebies like T-shirts, gift cards, CDs, and coffee mugs are also a plus. But most importantly, the major advantage of the MMC is their target markets which are the Catholics saying, â€Å"Use their Catholic coffee dollar for Christ and his Catholic church†. 4. In Mystic Monk Coffee’s strategy a money-maker? What is MMC’s business model? What is your assessment of Mystic Monk Coffee’s customer value proposition? Its profit formula? Its resources that enable it to create and deliver value to customer? The strategy of the MMC to appeal to the Catholic market is a bonus but their main money-maker is the wholesaling of the green coffee beans being delivered to Seattle, Washington weekly. However, they are paying the broker at a prevailing wholesale price per pound that fluctuates daily. The production limit is also at 540 pounds/day and the operation is limited because of the praying duties. One flaw is that they are rushing things, orders had not yet exceedin g their capacity but they already want to expand in the expense of $35,000 for a larger roaster. MMC’s operation is via the word of mouth among loyal customers and the sales are mostly through their website and occasionally through the phone. They also offer secular website through its Mystic Monk Coffee Affiliate Program, this earned 18% commission on sales and where directed to the main site. This business model earns at least 56% commission, they also plan to expand by including wholesale sales to churches and local coffee shops. The profit of the MMC totalling $74,580/year which comes from 11% net profit margin from the $56,500 revenue per month. . Does the strategy qualify as a winning strategy? Why or why not? * We do not consider the said strategy as a winning strategy. For us, it is not enough to make the buying of the ranch possible even if we consider the cash they have on hand ($250,000 received as donation and $75,000 earnings from the Mystic Monk coffee-roasting operation on its first year). If they would still push through, with this plan to be followed, we think that it would be hard for them to pay for the ranch in whatever terms they (owner of ranch and monks) would agree on. Besides, even if they have a business currently operating and with the information we have gathered, it is still not enough for them to meet their goal of acquiring the land as other factors and expenses must be considered so that they will not experience budget deficit and debts in their coffee shop and in purchasing the said ranch. Father Daniel Mary needs to have a much more effective strategy if he wants to make the payment easier for him and the rest of the community in the Carmelite Order. In addition, if we consider the Mystic Monk Coffee as their money-maker alone – along with the profit it generates, none of the monks are highly intellectual enough to run a business, hinting that their profit-strategy would most likely in a win or lose situation and in their case, it would, perhaps, turn out to be the latter given the fact that their profit per year is less than $75k. If we put into consideration the three tests of a winning strategy, it would not pass all the three tests. First, the strategy fits the company’s current situation. However, should they pursue the strategy, there will be flaws that the company may experience. Second, regarding competitive advantage; the company’s strategy hasn’t yielded a sustainable competitive advantage if we are to include the advantages of notable coffee brands in the industry. Lastly, about production of good financial performance; Mystic Monk Coffee is likely to produce a good financial performance, though it is not remarkable enough to provide the company what it needs to achieve its intention. 6. What recommendations would you make to Father Daniel Mary in terms of crafting and executing strategy for the monastery’s coffee operations? Are changed needed in its long-term direction? Its objectives? Its strategy? Its approach to strategy execution? Explain. * The coffee industry is one of the biggest businesses that the world has today. With a lot of successful coffee brands and shops, Mystic Monk’s Coffee has to level up their strategy in order to keep up with bigger and distinguished brands. They must come up with schemes that would attract more customers. A good example of a schema that the group suggests is the hiring of non-secular employees so that when it's the monks turn to do their own devotions and prayers, the employees would then be in charge of answering the calls and orders regarding their business. We are also informed that the monks are prohibited to leave the monastery unless given permission by the bishop and reasons for leaving are restricted to medical needs and death of family members. With this said, the business will be limited when it comes to expansion that is why it would be best to hire non-secular employees. The group also suggests that they could have some partnership with people outside the monastery so they can have an extension or branch of their business. In this way, there is a bigger chance for the business to acquire a bigger amount of profit, making it easier for them to reach their goal. Also, since the situation, itself, says that their target market are those of the Catholic in which it compasses more than 69 million coffee drinkers around US, it would be much easier if MMC would advertise their products outside their own website. A concrete example of this is the social networking site Facebook in which they would be able to connect to even outside US as they give out their products' facts. If successful, this would help them a lot in earning money of which will be used in acquiring the ranch for their expansion. It will be possible for Father Daniel Mary to achieve his goal of transforming the brotherhood into a bigger place for more aspiring monks and other religious people. Mystic Monk Coffee 1. Has Father Daniel Mary established a future direction for the Carmelite Monks of Wyoming? What is his vision for the monastery? What is his vision for Mystic Monk Coffee? What is the mission of the Carmelite Monks of Wyoming? * The future direction for the Carmelite Monks of Wyoming has been clearly established by Father Daniel Mary. The vision is to create a new Mount Carmel in the Rocky Mountains to become a new home for the brotherhood which is a much bigger place that would include accommodations for 30 monks, a Gothic church, a convent for Carmelite nuns, a retreat center for lay visitors and a hermitage. The vision for the Mystic Monk Coffee is to segment the majority of U. S. Catholic population who drank coffee and to support the monastery’s mission. The mission of the Carmelite Monks of Wyoming is just like the other monks, dedicating their life to prayer and worship. 2. Does it appear that Father Daniel Mary has set definite objectives and performance targets for achieving his vision? * Yes, the group believes that Father Daniel Mary has clearly set his goals and used this as a basis in choosing steps in which they must undertake to achieve the said goals. Unfortunately, how the definite the vision is, it seems like the resources is not enough and the timing is lousy. 3. What is Father Prior’s strategy for achieving his vision? What competitive advantage might Mystic Monk Coffee’s strategy produce? * The strategy of Father Prior in order to achieve his vision is the coffee industry they called ‘Mystic Monk Coffee’. The competitive advantage MMC’s have against the competitors is the use of high-quality fair trade Arabica and an organic Arabica beans instead of just using one (Robusta or Arabica), they used mixed beans. Another is the specialty flavours like Mystical Chants of Carmel, Cowboy Blend, Royal Rum Pecan, and Mystic Monk Blend. Moreover, their marketing that reached the internet is another plus which makes it easier for the market to be accessed. Their sample bags which cost $2. 99 or the all flavours 12-ounce bags which cost $9. 95 are available online and were delivered by the UPS. Another plus is the â€Å"coffee club†, which people can purchase 3-6 six bags for free shipping. Freebies like T-shirts, gift cards, CDs, and coffee mugs are also a plus. But most importantly, the major advantage of the MMC is their target markets which are the Catholics saying, â€Å"Use their Catholic coffee dollar for Christ and his Catholic church†. 4. In Mystic Monk Coffee’s strategy a money-maker? What is MMC’s business model? What is your assessment of Mystic Monk Coffee’s customer value proposition? Its profit formula? Its resources that enable it to create and deliver value to customer? The strategy of the MMC to appeal to the Catholic market is a bonus but their main money-maker is the wholesaling of the green coffee beans being delivered to Seattle, Washington weekly. However, they are paying the broker at a prevailing wholesale price per pound that fluctuates daily. The production limit is also at 540 pounds/day and the operation is limited because of the praying duties. One flaw is that they are rushing things, orders had not yet exceedin g their capacity but they already want to expand in the expense of $35,000 for a larger roaster. MMC’s operation is via the word of mouth among loyal customers and the sales are mostly through their website and occasionally through the phone. They also offer secular website through its Mystic Monk Coffee Affiliate Program, this earned 18% commission on sales and where directed to the main site. This business model earns at least 56% commission, they also plan to expand by including wholesale sales to churches and local coffee shops. The profit of the MMC totalling $74,580/year which comes from 11% net profit margin from the $56,500 revenue per month. . Does the strategy qualify as a winning strategy? Why or why not? * We do not consider the said strategy as a winning strategy. For us, it is not enough to make the buying of the ranch possible even if we consider the cash they have on hand ($250,000 received as donation and $75,000 earnings from the Mystic Monk coffee-roasting operation on its first year). If they would still push through, with this plan to be followed, we think that it would be hard for them to pay for the ranch in whatever terms they (owner of ranch and monks) would agree on. Besides, even if they have a business currently operating and with the information we have gathered, it is still not enough for them to meet their goal of acquiring the land as other factors and expenses must be considered so that they will not experience budget deficit and debts in their coffee shop and in purchasing the said ranch. Father Daniel Mary needs to have a much more effective strategy if he wants to make the payment easier for him and the rest of the community in the Carmelite Order. In addition, if we consider the Mystic Monk Coffee as their money-maker alone – along with the profit it generates, none of the monks are highly intellectual enough to run a business, hinting that their profit-strategy would most likely in a win or lose situation and in their case, it would, perhaps, turn out to be the latter given the fact that their profit per year is less than $75k. If we put into consideration the three tests of a winning strategy, it would not pass all the three tests. First, the strategy fits the company’s current situation. However, should they pursue the strategy, there will be flaws that the company may experience. Second, regarding competitive advantage; the company’s strategy hasn’t yielded a sustainable competitive advantage if we are to include the advantages of notable coffee brands in the industry. Lastly, about production of good financial performance; Mystic Monk Coffee is likely to produce a good financial performance, though it is not remarkable enough to provide the company what it needs to achieve its intention. 6. What recommendations would you make to Father Daniel Mary in terms of crafting and executing strategy for the monastery’s coffee operations? Are changed needed in its long-term direction? Its objectives? Its strategy? Its approach to strategy execution? Explain. * The coffee industry is one of the biggest businesses that the world has today. With a lot of successful coffee brands and shops, Mystic Monk’s Coffee has to level up their strategy in order to keep up with bigger and distinguished brands. They must come up with schemes that would attract more customers. A good example of a schema that the group suggests is the hiring of non-secular employees so that when it's the monks turn to do their own devotions and prayers, the employees would then be in charge of answering the calls and orders regarding their business. We are also informed that the monks are prohibited to leave the monastery unless given permission by the bishop and reasons for leaving are restricted to medical needs and death of family members. With this said, the business will be limited when it comes to expansion that is why it would be best to hire non-secular employees. The group also suggests that they could have some partnership with people outside the monastery so they can have an extension or branch of their business. In this way, there is a bigger chance for the business to acquire a bigger amount of profit, making it easier for them to reach their goal. Also, since the situation, itself, says that their target market are those of the Catholic in which it compasses more than 69 million coffee drinkers around US, it would be much easier if MMC would advertise their products outside their own website. A concrete example of this is the social networking site Facebook in which they would be able to connect to even outside US as they give out their products' facts. If successful, this would help them a lot in earning money of which will be used in acquiring the ranch for their expansion. It will be possible for Father Daniel Mary to achieve his goal of transforming the brotherhood into a bigger place for more aspiring monks and other religious people.

Coca-Cola Is Everything: SCM, CRM, Collaboration, You Name It

If we told you that Coca-Cola has operating units in 50 countries around the world, you probably wouldn’t be surprised. If we told you that Coca-Cola had been in business for almost 125 years, you probably wouldn’t be surprised. So, you tell us†¦ how many different beverages does Coca-Cola produce? 100? 500? 2,000? Are you surprised yet? Worldwide, Coca-Cola produces an amazing 2,800 different beverages.When an organization is that big, has that sort of worldwide presence, and boasts what is perhaps the most well-known brand ever, you can bet that a multitude of IT systems are constantly churning in the background, not only keeping the organization running, but also keeping in running ahead of the competition. To support internal collaboration efforts, Coke created something it calls its Common Innovation Framework, a Web-based system that combines project management capabilities with business intelligence.Using the Innovation Framework, anyone from any of the oper ating units worldwide can search for, find, and apply concepts, strategies, development successes, and marketing approaches that have been used elsewhere in the organization. For example, when introducing Georgia teas in Australia, the Coke people Down Under can research what marketing strategies worked well in related countries such as New Zealand.As Jean-Michel Ares, Coke CIO, explains it, â€Å"Once you’ve aggregated that pipeline of innovation, the object is to assess and prioritize the best allocation of resources in the organization. † Beyond internal employees, Coke is reaching out with new and innovative IT steps. Recently, it rolled out a new line of software services based on hundreds of business processes to its extended family of bottlers. These software services each perform a specific common business function and run within SAP's ERP software and are delivered by Coke's IBM-hosted data centers.The goal is to create a standardized business and technology p latform across all Coke bottlers, most of which are independent franchises. (There are some partly owned by Coke. ) If Coke and all its bottlers are speaking the same language, so to speak, and using the same technology, then supply chain management applications will be more efficiently streamlined. Standardization in this case equates to saving money by reducing expenses associated with supply chain activities.And even beyond its extended family of bottlers, Coke is using technology to create loyalty and engage more with its customers. Its award-winning Web site, My Coke Rewards at www. mycokerewards. com, is the second most popular consumer packaged-goods site, behind only www. kraftfoods. com. My Coke Rewards attracts some 300,000 visitors per day. Offering everything from magazine subscriptions to electronics as prices (just look under the cap), My Coke Rewards has reconnected Coke with its loyal drinkers.The site has teamed up with pop culture crazes such as American Idol, socc er, and auto racing to bring even more customers into the fold. You can even find Coke-labeled songs through iTunes. 1) Describe the various IT-enabled initiatives discussed in this case study. 2) Describe two different forms of e-collaboration in this case study. For each, articulate the benefits to Coke. 3) What sort of business intelligence could Coke gather from its My Coke Rewards Web site? How could it use this information for customer relationship management activities? Coca-Cola Is Everything: SCM, CRM, Collaboration, You Name It If we told you that Coca-Cola has operating units in 50 countries around the world, you probably wouldn’t be surprised. If we told you that Coca-Cola had been in business for almost 125 years, you probably wouldn’t be surprised. So, you tell us†¦ how many different beverages does Coca-Cola produce? 100? 500? 2,000? Are you surprised yet? Worldwide, Coca-Cola produces an amazing 2,800 different beverages.When an organization is that big, has that sort of worldwide presence, and boasts what is perhaps the most well-known brand ever, you can bet that a multitude of IT systems are constantly churning in the background, not only keeping the organization running, but also keeping in running ahead of the competition.To support internal collaboration efforts, Coke created something it calls its Common Innovation Framework, a Web-based system that combines project management capabilities with business intelligence. Using the Innovation Framework, anyone from any of the oper ating units worldwide can search for, find, and apply concepts, strategies, development successes, and marketing approaches that have been used elsewhere in the organization.For example, when introducing Georgia teas in Australia, the Coke people Down Under can research what marketing strategies worked well in related countries such as New Zealand. As Jean-Michel Ares, Coke CIO, explains it, â€Å"Once you’ve aggregated that pipeline of innovation, the object is to assess and prioritize the best allocation of resources in the organization.†Beyond internal employees, Coke is reaching out with new and innovative IT steps. Recently, it rolled out a new line of software services based on hundreds of business processes to its extended family of bottlers. These software services each perform a specific common business function and run within SAP's ERP software and are delivered by Coke's IBM-hosted data centers.The goal is to create a standardized business and technology pla tform across all Coke bottlers, most of which are independent franchises. (There are some partly owned by Coke.) If Coke and all its bottlers are  speaking the same language, so to speak, and using the same technology, then supply chain management applications will be more efficiently streamlined. Standardization in this case equates to saving money by reducing expenses associated with supply chain activities.And even beyond its extended family of bottlers, Coke is using technology to create loyalty and engage more with its customers. Its award-winning Web site, My Coke Rewards at www.mycokerewards.com, is the second most popular consumer packaged-goods site, behind only www.kraftfoods.com.My Coke Rewards attracts some 300,000 visitors per day. Offering everything from magazine subscriptions to electronics as prices (just look under the cap), My Coke Rewards has reconnected Coke with its loyal drinkers. The site has teamed up with pop culture crazes such as American Idol, soccer, and auto racing to bring even more customers into the fold. You can even find Coke-labeled songs through iTunes.1) Describe the various IT-enabled initiatives discussed in this case study. 2) Describe two different forms of e-collaboration in this case study. For each, articulate the benefits to Coke. 3) What sort of business intelligence could Coke gather from its My Coke Rewards Web site? How could it use this information for customer relationship management activities?

Consumer legislation to given fact situation - Free Essay Example

Sample details Pages: 5 Words: 1517 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? 1.1 Fair Trading Act 1986 A. GSK Ribena We can apply the provision as False or misleading representation that goods are of particular kind, standard, quality, grade, quantity, composition, style or model. As GlaxoSmithKline claims that their ready to drink Ribena Contains 7mg of vitamin C per 100ml but assume in the test they found there is no vitamin C found in the drink as it was a false representation where they found something wrong information about the product then GSK pleaded guilty to five charges to these claims where the commissions too found that there is no vitamin C is not contain in the product where it created a unfair practises, fault consumer informationà ¢Ã¢â€š ¬Ã¢â€ž ¢s. Don’t waste time! Our writers will create an original "Consumer legislation to given fact situation" essay for you Create order As the commission argued with them about their misleading representation then they agreed to claim four times as they were guilty about this product misleading representation. https://www.legislation.govt.nz/act/public/1986/0121/latest/DLM96908.html Because this was a misleading representation where they did not show the actual detail of the product because it was a false statement about the product where it tells that the drink contain about 7mg of vitamin C per 100ml but there were no vitamin and it was like misleading consumers with false information. As these kinds of proceedings are initiated by the competitors as they needed the brand name to be corrupted. As they informed consumers that the product contain they have got vitamin C in their product and finally when it was known as a misleading representation then as they have breached the FTA, section 13 by creating an misleading statement about the product then they should pay the compensation for the commission. ht tps://www.consumerbuild.org.nz/publish/legal/legal-other-pimsfair.php B. Buying Souvenirs a) Identify the Specific provision for Fair Trading Act 1986 which applies to a given fact situation. The specific provision for Fair Trading Act 1986 is making false or misleading representation concerning the place of origin of goods where the scenario clearly describe us that souvenir supplier sold soap and skincare products that is looked like which is made out of New Zealandà ¢Ã¢â€š ¬Ã¢â€ž ¢s products but actually they were made up from the ingredients which has been sourced from Malaysia, Indonesia and China also where the product has been manufactured in China. As the suppliers did not represent the real manufacturing place of origin instead they used that all the ingredients in the product is from New Zealand. Under section 13 of FTA they have breached the law where they shouldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t do and they might have face of offending about their product and they pay their compensation to the relevant trader or consumers they can claim for the losses to the court from the trader. https://www.consumerbuild.org.nz/publish/legal/legal-other-pimsfair.php C) $79 Per night deal As the hotel advertised that the rooms are available for the price of $79 per night but they did not give any further details about the room but $79 rooms available only for a minimum 28 day stay in a studio room as this advertisement was announced that $79 price was for an apartment which has kitchen, laundry, and etc. so has this information was wrong so the provision of make a false or misleading representation with respect to the price of any goods or services. Because the information they provided about the price was wrong where they have hidden some information regarding the price. Under section 13 of FTA they have breached the law where they have misleading representation about the product service. D) The genuine Chippendale suite The provision is ap plied to this scenario is make a false or misleading representation with respect to the price of any goods or services. Regarding Alice bought a dining suite but where she assured it was a genuine Chippendale suite but some years later she got to know about the product which is remarkably good and where she asked her money back from the dealer. Under section 27 of FTA the dealer have breached the law where they have misleading representation about the product service where he can pay the compensation back to her but as she asked for the money back then the dealer can finish this issue with this or Alice may have to go to the court where it was a misleading representation and the dealer have to pay the compensation as well. Element 02 2.1 Consumer Guarantee Act 1993 A) We can apply the misleading conduct in relation to goods where no person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, manufacturing process, and characteristi c, suitability for a purpose or quantity of goods. Because Jeff trusted on the dealers and he bought a swimming pool which he thought it was a brand new but later after he fixed it in his place, he got to know that some parts of the pool has been reconditioned where he thought it was a new but not really where it causes damages later. If they find any failure of the good then they can reject the good and refund or obtain damage for the reduction of the value of good as compensation https://www.findlaw.co.nz/articles/4305/guarantees-and-remedies-in-the-consumer-guarantees.aspx Element 03 The provision we can apply here is Practises substantially lessening competition section 27 Contracts, Arrangements or understandings substantially lessening competition prohibited, also certain provisions of contracts, etc. with respect to prices deemed to substantially lessen competition under price fixing. The main reason is because as the group Nine North Island agreed to a contract that assuming that they can cover up with each other covering the price with the dealers, and as they had competitive agreements then they had to held for meetings for years so therefore they had to claim up with on the price they should pay them because they compete against each other for livestock on the basis for price. They should not compete with each other for the price of the livestock where they clearly make harm for the market power where they agreed and decided to pay the farmers as a remedy. https://www.legislation.govt.nz/act/public/1986/0005/latest/DLM88263.html Here we apply the provision section 34 Certain provisions of covenants with respect to prices deemed to substantially lessen competition of commerce act 1996. whereas we found that they need to t was prevent other agents from advertising property guides, so they were threatening to boycott the property guide and once the target was allowed even as the issue being cancelled then they should pay an amount of $60,000 of penalty. https://www.legislation.govt.nz/act/public/1986/0005/latest/DLM88263.html The provision section restrictive trade practices substantially lessening competition. Where they agreed to stop offering car washes for free with $20 of purchase of petrol where they announced it as a discount but they agreed to stop it therefore they had to pay an amount of $1.175 million penalty on the three companies. The provision section restrictive trade practices substantially lessening competition, where the bus company breached the commercial act by having contact and discussing with another bus company, so they have to pay an amount of $380,000 amount of penalty on the offending bus company and $10,000 to the chief executive. As they have breached out the section 27 and section 30 under the commercial act by they had used its dominant position to prevent a rival company because they need to tow services where its pilots were not used to so as the remedy they has to pay $500,000 penalty . In this scenario the provision needed to apply is commerce act 1996 under section 29 Contracts, arrangements, or understandings containing exclusionary provisions prohibited Subject to subsection (1A), for the purposes of this Act, a provision of a contract, arrangement, or understanding is an exclusionary provision if where the because of an anti-competitive purpose the building has opened in south island market for the supply where they are there to the aim of rival company from competing in the market where they needed to eliminate other companies from the competition, therefore as a penalty they were fined $525,000 from the company for this act. In this case I would like to apply section 37 resale price maintenance by suppliers prohibited, no person shall engage in the practise of resale price maintenance under commercial act 1986, because the brewery tried to prevent a tavern from selling packs of beer at less than the price which has been recommend in retail price where he had attempted to induce the tavern not to sell the packs of beer for $15, therefore as a penalty has been fines an amount of $110,000 plus $5000 where it cost on the brewery. https://www.legislation.govt.nz/act/public/1986/0005/latest/DLM88290.html The provision should be apply to this scenario is section 36 taking advantage of market power under commercial act 1986 Nothing in this section applies to any practice or conduct to which this Part applies that has been authorised under Part 5. Where the bed manufacturer forced or assuming him to stop discounting beds, where he face to an penalty as a result from the high commission court on amount on $30,000. https://www.legislation.govt.nz/act/public/1986/0005/latest/DLM88281.html