Carlo is 25 years old and has just arrived in Australia from Italy. He speaks little English and has little understanding of the Australian education requirements. He has moved to Australia to attend university.

One evening, Sadie, a salesperson working for Electronics Galore, visited Carlo to sell him a laptop. As part of her sales pitch to Carlo, Sally repeatedly told Carlo that having a laptop was an essential requirement to enrol in a university in Australia. This was a false statement as there is no such requirement for enrolment in an Australian university.

During the discussion, Carlo told Sadie that he wanted a laptop which would last for the duration of his time at university, at least 3 years. Sadie assured Carlo verbally, "well, we are selling the best laptops in the world. They are all made in Japan and could last for at least 10 years".

Carlo was very excited. He then signed a contract to buy the new laptop from Electronics Galore for $5,000 without reading the contract and without consulting anyone.

When the laptop was delivered to Carlo he turned the on button and it immediately caught fire. The desk that the laptop was sitting on was partly damaged and Carlo suffered burns to his arms and hands.

It was later discovered that the laptop was assembled by Electronics Galore in Melbourne using cheap imported components. The price that Carlo paid was also two times higher than normal market standards.

REQUIRED:

(a) Advise Carlo as to his rights against Electronics' Galore under common law.

(10 marks)

(b) Advise Carlo as to his rights against Electronics' Galore under the Australian Consumer Law.

(10 marks)

QUESTION TWO

In 2006, Little Miss Sunshine won the Oscar for Best Original Screenplay by Michael Arndt. Jane is really interested in film and the work of Michael Arndt. At an auction for the sale of vintage film memorabilia, the auctioneer offered for sale what he claimed was the original screenplay of Little Miss Sunshine by Michael Arndt.

Jane bought the original screenplay and signed a contract of sale, but later found out that she had purchased a copy of the screenplay by Michael Arndt, not the original screenplay. No mention of the original screenplay was made in the contract.

REQUIRED:

Discuss what contractual rights, if any, Jane has to sue the auctioneer. Include any relevant case law in your discussion.