Question
3. Advise whether the plaintiff can obtain a remedy in the following situations, notwithstanding that there is no relevant express clause on which the plaintiff
3. Advise whether the plaintiff can obtain a remedy in the following situations, notwithstanding that there is no relevant express clause on which the plaintiff can rely in her contract with the retailer and an exclusion clause ousting the operation of the ACL. a. The plaintiff purchased a second-hand car from Used Cars'R'Us Pty Ltd. Three weeks after the purchase the car was repossessed by a finance company because the previous owner still owed $4,000 on the car. b. The plaintiff purchased a computer game from a department store. The game came wrapped in plastic. When the plaintiff opened the package she found that it contained the wrong game.
c. The plaintiff purchased several metres of fabric from a large national haberdashery retailer for the purpose of making bridesmaids' dresses. The fabric supplied is patchy in colour and does not match the sample. d. A small business purchased carpet for use in a nightclub. Contrary to what the plaintiff was told at the time of purchase, the carpet is wearing out very rapidly.
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