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Fred plans to go trekking in Nepal and visits the Summit Outdoor Store where he purchases a tent and a pair of boots. The
Fred plans to go trekking in Nepal and visits the Summit Outdoor Store where he purchases a tent and a pair of boots. The tent cost $2000 and the boots cost $1,100. He makes it very clear to the shop assistant that he will be trekking in the Nepalese mountains and the boots must be sturdy enough to be able to deal with the rugged terrain and snow in which he would be walking for over 500 kilometres. Fred accepts the sales assistant's recommendation and purchases a pair of "Mountaineer" boots. Mountaineer boots are popular among people who enjoy gentle outdoor leisure activities such as walking and bird watching. About two days into his trek, Fred's boots start to deteriorate. They fail to protect him from the damp snow and rugged terrain but worse, halfway along the trek, the sole on one of Fred's boots detaches from the boot and he cannot proceed with his adventure. By the time he returns to civilisation he has suffered a severely cut and bruised foot as a result of the damaged boot and incurs $15,000 in medical expenses. Fred now seeks your advice. He wants to know whether he could sue for a breach of a consumer guarantee under the Australian Consumer Law (ACL) and, if he was successful, what remedies would he likely be granted. a) What is the legal issue under the ACL? b) State the Section and relevant section of the ACL. c) Name (with full case citation) one relevant case. d) What is your answer? i. Will Fred win? Yes or No? Explain your reason ii.
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