Legal Assessment of Commercial Law Cases under Australian Consumer Law

Running Head: Commercial law 1
Commercial Law

Commercial law 2
Answer 1
Issue:
Whether part 3-2 of the Australian Consumer Law includes any remedies for the Jocelyn, which
means whether it is possible for her to get any remedy under statutory consumer guarantees?
Rule:
Australian consumer law introduces various statutory consumer guarantees such as section 54 of
this law defines the provisions related to the acceptable quality. As per this section, if any
person sells any goods or services to any other person in trade or commerce then such sale is
made under statutory consumer guarantee that goods are of acceptable quality. This section
further states goods are considered of acceptable quality if such goods are fit for all the purposes
for which these goods are purchased by the consumers and goods are of acceptable quality when
such goods acceptable in terms of appearance, free from defects, safe, and durable.
This section also state that goods sell by seller must meet its description, but there is difference
between the merchantable quality and acceptable quality, and goods which meet the
merchantable quality sometimes fails to meet the acceptable quality. This can be understood
through example; goods when sold to consumer have some minor scratches. ACL also stated
that any person cause any damage of harm because of the product can seek different remedies
from both manufacturer and supplier. However, such damage and harm must be cause from the
failure of product from complying with the consumer guarantee. Person who can seek remedy
include those person who buy goods from the seller and those also who get goods from the
person who purchased them. It also include those persons also who derive their title of goods
through the consumer. This can be understood through case law Samsung Electronics
Australia Pty Ltd (ACN 002 915 648) (Samsung).
It must be noted that, ACL provide remedy on the basis of the type of guarantee breach.
Damages and compensation can be taken by the consumers if they suffer any harm or loss
because of the product. Consumer can also seek losses which mainly result in failure to fulfill
the guarantee.
In case consumer sues the seller for damages then such damages include amount spend by the
consumer in context of product issue. It can be said that this cost is financial in nature such as
cost spend by consumer in medical treatment, etc.

Commercial law 3
Application:
In this case, Melon is purchased by Jocelyn directly from the shop of R’U melon established in
Victoria. After consuming the melon Jocelyn suffers from the Listerias bacteria because of
which she need to admit in hospital for getting the treatment. Jocelyn is pregnant and before this
pregnancy, she is the mother of three children’s. She is tensed in context of hospital bills and
about her child’s care. In this product supplied by company fails to meet the consumer
guarantee stated under section 54 of the ACL which means melon supplied by company are not
safe and fails to meet the acceptable quality. Therefore, company is liable towards the Jocelyn
to breach their consumer guarantee.
In this case, Jocelyn directly purchased the product from manufacturer and she has power to sue
the manufacturer, and under this section she can seek damages and compensation from the
company because of the loss and harm caused to her from melons. Damages claimed by Jocelyn
against the company include cost related to hospital bills, cost related to her child care, and
compensation for her sufferings. Therefore it can be said that Jocelyn has power to take
damages and compensation from the R’Us melons.
Conclusion:
Company is liable to pay damages to the Jocelyn, and damages claimed by Jocelyn against the
company include cost related to hospital bills, cost related to her child care, and compensation
for her sufferings.