Introduction to Business Law

Questions: 1 Briefly describe the content of TPGs advertising which ACCC considered to be defective. 2 Which two statutory provisions did ACCC allege that TPGs advertising contravened and what was it about the advertisements which contravened those provisions. 3 What were the findings (conclusions) of the primary judge about the following aspects of the advertising. 4 In what two ways did the Full Court take a different approach from that of the primary judge in deciding whether the TPG advertising was misleading? 5 The High Court concluded that the approach taken by the Full Court was not correct. For what two reasons did the High Court come to this conclusion? 6 The Full Court, in coming to its conclusions, applied as a precedent the ratio in a case called Parkdale Custom Built Furniture v Puxu (Puxu). The High Court said that the Full Court wrongly applied the principle in Puxu and gave three reasons for this. Briefly explain any two of the reasons the High Court thought the Puxu case was different from the TPG advertising and so should not have been used by the Full Court as a precedent. 7 If you were employed in the marketing section of an internet service provider or a fitness centre which was about to launch an advertising campaign promoting an attractive plan for membership in which there were several parts (costs and benefits) to be taken into account by potential customers, what advice would you give about the form the advertising should take, based on your understanding of the High Courts ruling in ACCC v TPG? Answers: (1). The content of the TPG's advertising which the ACCC considers being defective consists of the multimedia advertising campaign that helps in the provision of the various services to the people of their broadband services. It also helps in the proper integration of the bundled conductors that are required for the proper integration of the charges which are included in the services of the TPG (Anon, 2016). Thus, the common proceedings that are included in the TPG final court decision which seems that the judgment is against the TPG in the Federal Court. It also includes the following:- The advertisements are misleading and decanted for the creation of the contraventions which is seen in the sections 18 and 29 of contraventions of the ACL. The total price fixed by the company is not clearly mentioned in the provision of the broadband services, and thus, it is specified in section 48 of the contravention of the ACL. The trial judged agreed with the ACCC and thus ordered TPG to give the fine of $2 million to the ACCC. Thus, TPG agreed to the decision of the federal court and thus it was agreed to pay the amount to the ACCC for the advertisement being misleading and deceptive. (2). The statutory provisions that are included in the case of misleading thus also help with the proper assistance and the acknowledgment of the base of the case. It also helps in the proper acknowledgment of the case that is related to the proper enhancement of the case and thus it also helps in the creation of the public awareness statement (Australiancontractlaw.com, 2016). It also helps in the comparison of the case that causes the basis of the action for the damages. The enactment of the Australian Consumer Law, section 2 of 2010, helps in the legislative transition of the TPA to ACL, which helps in the protection of the consumers. It also helps in the proper creation of the single numeric generic competition law that is created for the purpose of applying in all the jurisdictions. Thus, it helps in the proper completion of the decisions that are taken for the case of the statutory provision for the two companies. (3). The conclusions of the findings that are given for the following aspects of the advertising are as follows:- Bundling: - The option of the bundling creates and array on the internet that is created for the creation of the options that are required for the ordinary and the reasonable consumers that start with the starting assumptions of the service. The expectation also helps in the development of the advertisement for the creation of the relevant information. This condition also shows the corrective information of the impressions created by the dominant message (Consumerlaw.gov.au, 2016). It also helps in the acknowledgment of the type of the services that are included for the proper enhancement of the setups for the proper application of the prism. It also helps in indicating the commercial services that are required for the proper creation of the commercial practices and thus helps in the ignorance of the illegal charges. It also helps in the minimisation of the charges that are included for the proper handling of the larger fronts for the advertisements. Thus, it also focuses on the othe r media that are related to the process of the advertisement. The bundling condition also helps in the development of the proper mixed and the pre-functionary conditions that are related to the development of the pre-functionary viewing or listening to the other alternatives that are created for the viewer or the listener. The set-up fee: - The voice over is the most crucial part of the advertisement, and thus it also helps in the proper development of the services of the advertisement. But the ADSL+2 with a home connection from the rental telephone helps in the creation of the additional costs and thus for this the set-up fee is created for the exemption of the rental bundle. Single Price: - The single price denotes the TPG's radio and the newspaper services with including the publication services also helps in the proper analysis of the prices that are used for the purpose of misleading or deceptive perception. This is created for the proper enhancement of the strategies that are followed by the unfair trade practices for the creation of the strong pricing of the TPGs services. Thus, the price of advertisements that are made for the services shows the unfair trade that helps in the depletion of the trading practices of the TPG for the advertisements. (4). TPG gets a successful result on the appeal to the high court that is conceived by the Full Court of the Federal Constitution of the Australia. At first, the Full Court considers that the judgment given for the TPG is totally valueless, and secondly the restoration of the judgment of the penalty of $2million takes place in the Full Court, which seemed to be in for of the TPG. Thus, it also helps in the proper indication of the replays that are viewed by the Full Court was totally different (Gilbert Tobin Lawyers, 2015). These are the two reasons which show that the Full Court judgment was wrong in this case of TPG. (5). The two judgments that are given by the high court for proving the full court is wrong in the case of making the decision for the case of the whole case that is regarded for the proper involvement of the case. The development of the advertisements that required for the proper evolution of the initial television advertisement that is proved to be misleading, and thus, it also helps in the initial and the revised purposes and thus it helps in the creation of the judges conclusion. (6). In the case of the Parkdale Custom Built Furniture v Puxu (Puxu), the two reasons that the high court thought that the Puxus case was different from TPG are that the advertisement critically reviewed for the creation of the focus that it is characterized for the purpose of misleading or not. The second reason is that the directed commercials created familiarity in the market and thus these two reasons created dissimilarity between the two cases of the Puxu and the TPG. (7). The advice that can be given to the firm is to keep the fulfilment of the objectives of the potential customers. The business must be carried out promisingly, and thus, it will help the company in the creation of a good will in the market of the company and thus it will also help them to attract more customers (webmaster@claytonutz.com, 2016). Thus, this advice can be provided to the TPG for the proper communication creation through the form of the advertisement so that proper advancement of the company can take place. References Australiancontractlaw.com. (2016).Australian Contract Law Julie Clarke. Consumerlaw.gov.au. (2016).Legislation The Australian Consumer Law. Gilbert + Tobin Lawyers. (2015).The High Court has the last word on misleading or deceptive claims in TV advertising cases: ACCC v TPG Internet Pty Ltd. webmaster@claytonutz.com, C. (2016).Advertising and the ACL: Fine print couldn't save TPG Internet in the High Court Clayton Utz.