Consumer Guarantee Questions.docx

Consumer Guarantee Questions.docx - Consumer Guarantee...

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Consumer Guarantee Questions : Required elements are all of: 1. ‘contract’ with ‘person’ (includes corporations 法人 ) 2. Supply ‘in trade or commerce’ ‘supply’ ‘goods” or “services’ and not an excluded sale (eg auction 拍卖 ) 3. Buyer is a ‘ consume r’ 4. Explain what guarantee is relevant to the issue 争论点 in question 5. A guarantee is broken 6. Exemption clause is void 无效 7. The consumer can sue for a remedy (money, sometimes cancellation) (1) Maxine is allergic to gluten, a protein in wheat. She wants to buy “gluten free” pasta from a restaurant. The restaurant says “this is gluten free”. She then buys it based on this oral promise. It is not. She suffers an extreme medical reaction and $10,000 in damages. Explain how she can sue under ACL? Be very clear as to what guarantee is broken (2) Brett wants to enjoy the Australian beaches. He hears that the “Sunshine Coast” (in Queensland) is famous for its warm weather and beautiful beaches. He arranges flights and books a hotel room from “Sunny” which is a hotel that is on the beach. Although he
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  • Hotels, Motel, Brett

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