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Consumer Rights and Defective Goods Case

   

Added on  2020-06-04

7 Pages1761 Words97 Views
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Statutory Interpretation Project
Consumer Rights and Defective Goods Case_1

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3Presenting the extent to which Australian Consumer Law (ACL) apply on the case of Peter....3Presenting rights do Peter and/or his wife have under the ACL in relation to his purchase ofring...............................................................................................................................................4Stating remedies which are available to Peter and/or his wife under the ACL...........................5CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
Consumer Rights and Defective Goods Case_2

INTRODUCTION Australian Consumer Law (ACL) may be defined as a national unfair contract terms thatincludes standard form consumer and small business contracts. It lays emphasis on consumerrights associated with the purchasing aspect of goods and services. ACL is applicable nationallyand in all the states, territories as well as to Australian businesses. The present report is based onthe case situation of Peter who is now seeking for compensation on the basis of mispresentationby the manager of his local jewelers. In this, report will provide deeper insight about the lawsand legislation that offers protection to the customers. Besides this, report will also shed light onthe extent to which Peter and his wife is entitled to get compensation for the loss suffered bythem. Presenting the extent to which Australian Consumer Law (ACL) apply on the case of Peter On the basis of cited case situation, Peter went to Jewel King Ltd with the motive to buynice ring for his wife. In the concerned case situation, after negotiation Peter agreed to purchasediamond ring @ $10500. At the time of giving description, James, manager of the firm, said thatring contains the feature of 3 carat diamond and 22 carat gold socket. Along with this, at the timeof signing an agreement manager stated that if anything goes wrong with ring then I will replacethe same. Considering the information served by James both the parties was entered into anagreement. Later, diamond was fallen out of its setting but at the time of claim store refused torecognize such lifetime promise. Along with this, Peter found that ring was made with platednickel rather than solid gold. Due to such nickel Peter’s wife suffered from serious dermatitis andinfection. By taking into account the case situation of Peter it can be depicted that ACL is highlyapplicable as per following aspects such as: According to the section 54 (2) of ACL, goods supplied must be of acceptable quality.On the basis of such aspect goods supplied must be acceptance in appearance & finish, safe,durable and free from defects. Along with this, such section of ACL entails that goods must befit for the purposes they commonly supplied. In addition to this, section 55 of ACL entails that
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