NSW Is an animal behaviour excluded from ACL guarantee

Discussion in 'Commercial Law Forum' started by nose, 31 July 2018.

  1. nose

    nose Well-Known Member

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    In an NCAT matter a horse's behaviour making him unfit for purpose within a month from sale, was deemed by the member as excluded from the ACL guarantee because the nature of the horse being an animal meant that anything could have happened to it to make it become unfit so soon after sale. He argued that the applicant had to prove there was something wrong with the horse prior to sale for the guarantee to apply. Where does that leave the ACL 's that a customer should expect a product to last in its performance for a reasonable amount of time after purchase?
     
  2. Rob Legat - SBPL

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    There’s an inherent difference between an inert object and an animal which has a degree of free will. If the seller made a particular representation as to the animal’s demeanour or behaviour, you might have some grounds to your claim.
     
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