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Paula McCarthy received a birthday present of a new mobile phone from her parents - Leaving Cert Business - Question 1 - 2011

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Paula McCarthy received a birthday present of a new mobile phone from her parents. After one week Paula discovered that the volume control on her mobile phone did no... show full transcript

Worked Solution & Example Answer: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

To address the issue with her mobile phone, Paula should take the following steps:

  1. Contact the FonesToGo Shop: She should reach out to the shop where her parents purchased the phone.
  2. Provide the Receipt: Paula needs to bring or enclose the receipt that verifies her purchase.
  3. Explain the Problem: She can articulate the issues with the phone, including the volume control malfunction and the frequent need for recharging.
  4. Request a Resolution: Paula should request a replacement phone or a full refund to rectify the situation.

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: This term refers to goods that should be of reasonable standard or quality, meaning they should function as intended. In Paula's case, the mobile phone should have worked properly, without issues such as volume control failure.

  2. Fit for its Purpose: Items sold should be capable of performing the functions they are marketed for. Paula's phone should not only function as a mobile device, but also meet her needs for reasonable usability, which includes having a reliable battery life and functional features.

  3. Redress: This refers to the remedy available to a consumer if goods are unsatisfactory. Since Paula's phone fails to meet the criteria of merchantable quality or fit for purpose, she is entitled to redress, which may involve a replacement product or a full refund.

Step 4

List three grounds on which discrimination is unlawful under this Act.

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Answer

Under the Employment Equality Act 1998, three grounds on which discrimination is unlawful include:

  1. Gender/Male/Female
  2. Age
  3. Disability

Step 5

Outline the role of the Equality Authority.

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Answer

The role of the Equality Authority includes:

  1. Promoting Equal Treatment: To ensure all individuals are treated equally and fairly, thereby preventing discrimination.
  2. Providing Support and Guidance: Offering assistance regarding rights and responsibilities related to equality legislation.
  3. Addressing Complaints: Investigating claims of discrimination and taking action to resolve them, including facilitating claims to the Equality Tribunal if necessary.

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