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Read the information supplied and answer the questions which follow: Paula McCarthy received a birthday present of a new mobile phone from her parents - Leaving Cert Business - Question 1 - 2011

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Read the information supplied and answer the questions which follow: Paula McCarthy received a birthday present of a new mobile phone from her parents. After one we... show full transcript

Worked Solution & Example Answer:Read the information supplied and answer the questions which follow: Paula McCarthy received a birthday present of a new mobile phone from her parents - Leaving Cert Business - Question 1 - 2011

Step 1

Name the law that protects Paula McCarthy in this case.

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Answer

The law that protects Paula McCarthy in this case is the Sale of Goods and Supply of Services Act 1980.

Step 2

Explain what Paula should do to try to solve the above situation.

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Answer

Paula should take the following steps to resolve the issue with her mobile phone:

  1. Contact FonesToGo Shop:

    • Paula should call or send an email to the FonesToGo shop where her parents purchased the phone, detailing her issue with the volume control.
  2. Bring/Enclose the Receipt:

    • She should bring the receipt to the shop as proof of purchase, ensuring she has documentation of her rights under the Sale of Goods and Supply of Services Act 1980.
  3. Explain the Problem to the Shop Assistant/Manager:

    • Upon visiting the store, Paula should clearly explain the problems she has experienced with the phone, emphasizing that it does not meet the reasonable standard expected.
  4. Request a Solution:

    • Lastly, Paula should request a remedy, either in the form of a new phone or a refund, as she is entitled to redress if the goods are not of merchantable quality.

Step 3

Explain the three underlined terms ‘merchantable quality’, ‘fit for its purpose’ and ‘redress’, with reference to Paula’s situation.

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Answer

  1. Merchantable Quality:

    • Goods sold must be of a reasonable standard and quality, suitable for the purpose they serve. In Paula's case, the mobile phone is expected to work properly, including the volume control, which it does not.
  2. Fit for its Purpose:

    • The goods should perform the function for which they are sold. Paula's phone should be able to take calls and offer features expected from a mobile device. Since the volume control issue prevents it from being used effectively, it is not fit for its intended purpose.
  3. Redress:

    • If the product does not meet the specified criteria, the consumer is entitled to a form of redress or compensation. In Paula's situation, this could mean either receiving a replacement phone or a refund for the faulty product.

Together, these terms highlight Paula's rights as a consumer and provide a framework for her to seek a solution to her problem.

Step 4

List three grounds on which discrimination is unlawful under the Employment Equality Act 1998.

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Answer

Under the Employment Equality Act 1998, discrimination is unlawful on the following grounds:

  1. Gender (Male/Female)
  2. Marital Status
  3. Family Status
  4. Sexual Orientation
  5. Religion/Beliefs
  6. Age
  7. Disability
  8. Race
  9. Membership of the Traveller Community

Step 5

Outline the role of the Equality Authority.

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117 rated

Answer

The Equality Authority has several key roles to ensure fair treatment and to combat discrimination:

  1. Promotion of Equality:

    • The Authority ensures that all individuals are treated equally and works to eliminate discrimination on various grounds.
  2. Advisory Role:

    • It provides guidance to businesses and the public regarding their responsibilities under equality legislation, ensuring compliance.
  3. Complaint Handling:

    • The Authority assists individuals with complaints about workplace discrimination and offers support to address these issues.
  4. Monitoring and Review:

    • It monitors and reviews the implementation of the Employment Equality Act to ensure its effectiveness and to make necessary adjustments.
  5. Support for Tribunal Access:

    • The Equality Authority also assists individuals in bringing their cases to the Equality Tribunal, although it does not have the power to decide cases.

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