After many years of teaching lawn bowl at a local lawn bowl club, Robert's doctor suggests that he

should consider a career change as his body, particularly his back, will not handle the strain for much

longer.

Robert decides to take early retirement and a book which he has been dreaming of all his life.

In preparation for this change, he clears out the guest bedroom and converts it into a study. After

seeing a television advertisement in which Fantastic Furniture claims to stock 'the biggest and best

range of office furniture in Australia', Robert decides to visit the show room in Bundoora to have a

look at their stock.

Samantha assists Robert at Fantastic Furniture. Robert explains that he has a serious back problem

after years of being a lawn bowl teacher: 'I need an office chair that will support my back sufficiently

to allow me to spend the whole day working in the study comfortably without developing back pain.

No use trying to be a writer if you cannot spend long hours at a desk.'

Samantha works for Fantastic Furniture on a commission basis. She gets 20% of every item she sells.

She has not sold many units during the last few weeks and she is desperate to sell a chair to Robert.

She tells Robert that she has just the chair for him and suggests a high-end office chair, the

ERGOBACK 8000. Despite the fact that a number of customers have complained about the chair

since the store started selling it, Samantha tells Robert that 'Nothing beats the ERGOBACK 8000. I

think it's the best on the market. It is an amazing office chair, specifically designed for all-day sitting.

We have sold hundreds of this model to a number of secretarial agencies without a single

complaint.'

Samantha's last statement about the absence of complaints convinces Robert to buy the ERGOBACK

8000. He pays for the chair and signs the contract of sale.

Robert is very excited about his purchase. He assembles it and starts using the chair on the same day

it is delivered. Within the first couple of hours, Robert's back starts aching, forcing him to stop

writing and he suffers a painful night. Robert tries to use the chair for a few days, but his back pain

continues to flare up after a couple of hours in the chair.

Use only legislation (and any relevant case law) to answer question 4. Do not use common law

principles.

4. Has Fantastic Furniture breached any statutory consumer guarantees and if so, what remedies

might Robert have under the Australian Consumer Law?