Carlos went to a fish shop and asked for 1 kilo of two fresh prawns for dinner. The fish shop owner explained that he had no fresh prawns but that he had some boiled ones, which he sold to Carlos. It turned out that the prawns weren't fresh and Carlos, after eating them, became seriously ill.

Required:

a)Does Carlos have any action open to him against the fish shop under the Australian Consumer Law? You must specify which sections of the ACL apply to this case. (2 marks)

ANSWER:

b)What does Carlos need to prove to succeed in claiming against the fish shop based on Australian Consumer Law? (8 marks)