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Homework Question: Australian Consumer Law & Sale of Goods Law

Discussion in 'Australian Law School Homework Questions' started by kmd001, 10 June 2015.

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  1. kmd001

    kmd001 Member

    10 June 2015
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    Assuming this scenario, what would Clarice be entitle to do? Any help would be much appreciated.


    Clarice’s favourite jacket was badly stained. Clarice did an online search and found Griffith (G) advertised as professional dry cleaner for jacket. Clarice went to Griffith with her jacket and asked ‘Can it be saved?’ A staff from Taylor replied ‘Yes, of course we are skilled in cleaning jacket. Our guarantee is simple; if you are unhappy with our service we can redo for free.’ Before Clarice handed over her jacket, she particularly mentioned of the sentimental value that the jacket had for her because it was a gift from her late mother. After Clarice made $100 upfront payment, she was given a receipt. Apart from an acknowledgement of her payment, there was a clause written on the receipt as:

    “While Griffith takes every effort to ensure excellence quality of our services, we will not be liable for any loss or damage of any kind to the garment howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.”

    Clarice put the receipt into her handbag without reading it. Four days later, when Clarice went back to pick up her jacket, she was shocked to see her much-loved jacket had a large, brown scorch marks. Apparently, a Griffith staff did not use the correct temperature in ironing. Clarice demanded for refund and compensation. Taylor flatly refused and pointed to the receipt that they had already disclaimed all liabilities. When Clarice warned Griffith that she would complain to the Fair Trading Department, a staff threw a $100 note at her and pushed her out of the shop.

    Clarice used to take her business suits and delicate blouses for dry cleaning, but her unpleasant experience with Taylor made her shunned the services. Clarice believed she would be better off to buy a washing machine which could perform the similar job. Clarice went to Neo Department Store for this purpose. Among all the displays, she found a front loading washing machine which featured to have revolutionary AirWash system - a powerful cleaning process and yet gentle with clothing. Clarice asked Kenneth (K), a shop assistant, for details. Clement said the AirWash process would be ideal for her business suits, extra delicate blouses and even lingerie since the technology produced less rubbing and rinsing from a wet wash. On the basis of Clement’s advice, Clarice agreed to buy a washing machine with AirWash technology for $2,500. After two months of happy washings, the machine started to develop problems. The machine had become tough on clothes and started to cut small holes in Clarice’s clothing. Clarice was enraged by the damage to her delicate and expensive blouse. As disappointed by the AirWash technology, Clarice went to Myers Department Store (MDS) to look for a conventional washing machine. Among all the displays, she found a front loading washing machine, branded White Swan, and the price was

    $1,500. When Clarice shopped around for the best bargain, to her surprise, all the stores she visited had advertised ‘White Swan’ washing machine at the same price.

    Clarice eventually bought a ‘White Swan’ washing machine from Reliance Department Store and arranged to pay $1,500 on delivery. Since ‘White Swan’ washing machine was a popular brand, Reliance Department Store had received many purchase orders. In each morning, delivery staffs of Reliance Department Store would collect 30 sets of ‘White Swan’ washing machine from the warehouse and deliver them to customers throughout the day. In a particular day, the truck which full-loaded with ‘White Swan’ washing machines had an accident and plunged into a pool. Consequently, all the washing machines on board were damaged. Yesterday, Clarice received a letter from Reliance Department Store informing her of the accident and demanding her for payment, saying her ‘White Swan’ washing machine was amongst the 30 sets which had been crushed.

    Advise Clarice as to her rights in the above situations under relevant common law and
    statutory law.
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
    Likes Received:

    We don't do your legal homework for you. You need to have a go at it and ask specific questions, not just regurgitate the whole question and expect a detailed answer.

    Have a look at the Australian Consumer Law guarantees that have been added to the Competition and Consumer Act. You should be looking also at the date of the transactions- this is important to the application of the guarantees.
    Nishita likes this.

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