Legal Claim Against ALSIC Scooters for Breach of Guarantee

This report discusses the legal claim against ALSIC Scooters for breach of guarantee under the Australian Consumer Law and Sales of Goods Act. It covers the issue, rules, and laws that can be applied to the case and draws a conclusion based on the HIRAC approach.

Legal Reasoning-
Australia

Table of Contents
INTRODUCTION ..........................................................................................................................2
TASK ..............................................................................................................................................2
Heading:......................................................................................................................................2
Introduction:................................................................................................................................2
Issue:...........................................................................................................................................3
Rule (law):...................................................................................................................................3
Application:.................................................................................................................................3
Conclusion:.................................................................................................................................3
CONCLUSION ...............................................................................................................................4
REFERENCES................................................................................................................................4
INTRODUCTION
The consumers in Australia get protection in the legal trading activities with the
Australian Consumer law. The provisions of the law sets out guarantees for the consumers that
acquire goods or services from any of the suppliers, manufacturers or importers in Australia. It
tries to ensure that consumers when making payments also receive the goods and services. The
consumers can get remedies in the form of repairs, replacements and refunds if there is any
problem in the goods and services that are bought by them(Anastasi, Hayward and Brown, 2020)
. This report will cover the given case scenario and will explain the issue, rules and laws that can
be applied to the case. The conclusion will be drawn based on the HIRAC approach.

TASK
Heading:
Legal claim against the ALSIC Scooters for the breach of guarantee
Introduction:
In the given case scenario, after seeing an advertisement Taylor purchased ALSIC
Scooter Mobility Pro and charged it for her mother according to the instructions. After it, her
mother decided to buy milk from a shop that was 5 km away by reaching there through the scoot
y. The battery of the scooter went flat upon its use for the first time and it did not work according
to what was expected.
Issue:
 Was the Scooter sold to the Plaintiff with respect to Sales by description?
 Is Taylor legally liable to make a claim for the Scooter?
 Does Taylor have the right to get remedies for the non performance of Scooter?
 Is the ALSIC company legally liable to compensate Taylor for the Scooter's defective
performance?
Rule (law):
Section 56 of the Australian Consumer law can be applied to the given case scenario. It relates to
the guarantee in relation to the supply of the goods by description(Harder, 2021). It states that the
trade or commerce of the goods must be carried out with description.
Section 16 of the Sales of Goods Act also relates to the Sales by Description wherein it has been
stated that there is an implied guarantee in the sale of the goods by contract that the goods shall
correspond with the description that is given with them.
Application:
The above mentioned rules sales of Goods by description can be applied in the case
scenario where Taylor can make legal claims for Breach of guarantee and for damages from the
defendant Scooter company.
Under the Australian Consumer law, when the consumers buy products or services then
they come with the guarantee that they shall work based on what is expected of them. Breach of
Consumer guarantees occurs when the products are unquestionably unfit for the general purpose
that they were made for with respect to the description that was given with them.

Breach of implied conditions can be applied while stating the proof of loss and giving the
plaintiff the right to damages (Pearce and Pinto, 2018) .
Conclusion:
From the given case scenario, it can be concluded that the Scooty was sold by giving
description that it has high speed and is very comfortable to use. It was also stated that it shall
work effectively when charged full. But that did not happen and thus the working of the scooty
did not match with the description that was provided with it in the advertisement due to which it
was purchased by Taylor. So Taylor can make legal claim stating that the sale of goods by
description is not fulfilled and thus breach of this condition has occurred with respect to the
contractual principles. Like in the case of Metal Roofing and Cladding Pty Ltd v Amcor
Trading Pty Ltd [1999] QCA 472 where also it was concluded that the goods did not perform as
expected by the description.
There is also Breach of Guarantee under the Act because the goods must correspond
with the description. The description states what are the features of the Scooty so it must be
tested to provide the proof of loss that occurred to the plaintiff due to the defective good that was
purchased from the defendant (Pearce and Pinto, 2018) (Zito, 2019).
Taylor is entitled to get the measures for the damages in the form of repair, replacement
or by the way of refund due to the breach of contractual conditions by supplying a defective
scooty to the consumer.
CONCLUSION
It can be concluded from this report that Australian Consumer law protects the consumers
by providing various remedies to them when they are supplied defective products or services.
The Given case scenario is a clear case of Breach of guarantee under the Australian Consumer
law and sales of goods act because the sales of the good did not correspond with the description.
Thus, she is entitled for damages as the consumer due to breach of the contractual conditions.

REFERENCES
Anastasi, A., Hayward, B. and Brown, S.P., 2020. An internationalist approach to interpreting
private international law?: Arbitration and sales law in Australia. Melbourne University
Law Review, 44(1), pp.1-54.
Harder, S., 2021. The territorial scope of Australia's consumer guarantee provisions. Journal of
Private International Law, 17(2), pp.255-280.
Pearce, P. and Pinto, D., 2018. Consumer Law Implications of Ecommerce and Goods
Warehousing. Journal of the Australasian Law Teachers Association, 11, pp.49-57.
Zito, P., 2019. Australian Laws and Regulations on Regional Branding on Food and Wine
Labels: Part 2.