Fred is a keen amateur athlete who regularly participates in long distance running

events. He has been suffering from severe blisters on his feet and Sarah, his

physiotherapist suggested to him that perhaps he should buy a new pair of running

shoes with a 'straight last' but she did not specify any brand.

Fred then went to the local sports store and told the salesperson that he wanted

a pair of running shoes with a straight last size UA11.5. He also told the

salesperson that he ran on most days and that he had been suffering from severe

blistering on both feet.

4 BAA215 Business and Corporate Law

Continued...

After trying a few pairs of shoes Fred bought the shoes recommended by the

salesperson. Before completing the purchase, Fred confirmed with the salesperson

that the shoes had a straight last and size US11.5.

After wearing the shoes for a week Fred noticed that his blisters had worsened

and that of more concern was that the sole of one of the running shoes was coming

away from the body in several places. Before returning the shoes, Fred noticed

that on the tongue of the shoes were the words 'semi-curved last'.

Required

Has Fred any remedy, or remedies against the local sports store under the

Australian Consumer Law? Explain what Fred has to establish in order to succeed in an action and whether, in your opinion he would be successful, using the PIRAC method