“Manny and Bella are married and since 2008 they have run a pizza business in the city. They call the business Perfect Domino Pizza.
They visit the showroom of Tuscan Ovens Pty. Ltd to buy a new pizza oven for their business. They tell Tuscan’s manager that they must have a heavy duty which will cook at least 30 pizzas every hour for 16 continuous hours every day. Manny tells the manager that such an oven is required “otherwise I will lose customers at the peak hours. The manager assures Manny and Bella that the new Tuscan XX commercial oven will satisfy their requirements.
As a result of the manager’s statements and recommendations, Manny and Bella purchase the oven for $15,000.
While they are waiting for the delivery of the new pizza oven Manny and Bella advertise the new oven for their restaurant but they decide to refer to it as the MB Oven and not mention the real registered name, Tuscan XX.
Soon after the new oven is installed, they discover that it can only cook 12 pizzas per hour and is unreliable. Due to these problems the pizza business is losing money. Tuscan will not discuss any complaints from Manny and Bella.”
Discuss the different areas of law from topics in Week 6, 7 and 8 that emerge from these facts. Be sure to explain who may take legal action and what remedies and penalties could be applied. Cases and statutes should be used.
