Hardly Normal Pty Ltd sells household appliances and electronic equipment through its various stores around Australia. In July 2017, it starts selling SuperSonic Capsule Coffee Machines. Like other capsule coffee machines on the market, SuperSonic machines use small coffee capsules to produce espresso coffee. However, the distinguishing feature of SuperSonic machines are their speed - the machines use very high pressure water to produce cups of coffee much quicker than competitor models. SuperSonic machines sell at a higher price than other coffee machines.

Alison purchases a SuperSonic machine from Hardly Normal. The machine works perfectly well for a month, but in August, the pressure seal on the machine breaks, and the very high water pressure causes the machine to explode. Luckily, Alison is not injured, and she returns the machine to Hardly Normal for a refund.

(a)Has there been a breach of the consumer guarantee of acceptable quality, under the Australian Consumer Law?

Approximately 10 minutes of writing time.

When Alison returns to the store, an employee - Meg - tells Alison that the malfunction is a 'manufacturer's warranty issue'. Meg tells Alison that she will have to contact the SuperSonic Company - the manufacturers of the SuperSonic machine - and seek a refund directly from them, rather than from Hardly Normal.

(b) Has Hardly Normal Pty Ltd engaged in misleading or deceptive conduct, or breached any of the specific prohibitions on false or misleading representations?

Approximately 20 minutes of writing time.