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Unit Overview - Coggle Diagram

- - - - VALVE V ACCC; no refunds for purchases on steam. Under ACL, consumers are entitled to refunds. Charged for misleading representation and conduct.
    - - STEP 1: DEFINE CONSUMER GOODS satisfy ONE
        
        Amount of goods is $40,000 and under
        
        Goods are of a kind ordinarily acquired for personal, domestic or household use or consumption
        
        Goods are a vehicle acquired for use on public roads
        
        Bunnings V Laminex Group; over $40,000 = ok. Heavy duty carpet purchased for night club. Even though bought for biz purposes, usually for household/domestic use. Consumer Guarantee applies. Carpet is over $40,000 but one is satisfied.
      - STEP 2: WHAT DO THE GUARANTEES REQUIRE?
        
        Acceptable Quality
        
        Fit for all purposes for which the goods are commonly supplied
        
        All 5 requirements to be satisfied: acceptable in appearance and finish, free from defects, safe, durable
        
        To evaluate these standards: nature of goods, price, statements on labels and packaging, representations by supplier
        
        Thomson V Excel; ebay seller sells a 'large garden shed' with a picture of a car in it. Too flimsy for car. Unacceptable quality for usual purpose
        
        Fitness for disclosed purpose
        
        Merck,Sharpe & Dohme v Peterson: needs pain pills that won't hurt stomach. Pills don't hurt stomach BUT increase heart attack risk. This did not breach the fitness for disclosed purpose guarantee.
        
        A particular purpose made known to the supplier by the consumer, expressly or by implication in pre-contractual negotiations
      - Exclusion Clauses Exceptions
        
        Where goods don't show case Acceptable Quality, supplier can limit their liability though replacement or repair cost/supply services again - provided it's fair and reasonable
        
        2. Recreational services expectation: supplier can limit liability for death or injury - activity that involves a 'significant degree of physical exertion or physical risk'