NSW Is an animal behaviour excluded from ACL guarantee

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

nose

Well-Known Member
27 November 2015
67
1
199
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?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
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.