First Principles of Business Law
Quiz: The sources of law - legislation

Question 15

 

 

 

Suppose that a provision in a Victorian Act states that ‘A supplier of alcoholic beverages shall not sell or supply any alcoholic drink to a person who is below the age of 16 years’.   

X owns and operates a bar in a hotel.   X gives a bottle of champagne as a present to Wendy, who will be celebrating her 16th birthday in a week’s time.  In the light of these facts, which of the following statements is most likely to be correct? 

(a)  X has breached the provision in question.  X has not sold champagne to Wendy, but by giving her a bottle as a present, he has ‘supplied’ her with alcoholic drink within the meaning of the Act.  This is because the word ‘supply’ normally means ‘to provide’ even without any payment.

(b)  X has not breached the provision in question.  X has not sold the champagne to Wendy and because he gave her the bottle as a present, he has not ‘supplied’ her with alcoholic drink within the meaning of the Act.  This is because the word ‘supply’ normally means ‘to provide in exchange for payment’. 

(c)   There are not enough facts to decide whether or not X has breached the provision in question.  It is impossible to predict in advance what meaning a court will give to the words ‘sell’ and ‘supply’ as used in the provision.

 

 

 

 

 

 

 

 

 

 

  

 

Go to the next question Quit the quiz Choose another module