Question
Mario notices that retailer Wood Ovens Pty Ltd is having a sale of commercial grade pizza ovens. Mario explains to Lee, a salesperson for Wood
Mario notices that retailer Wood Ovens Pty Ltd is having a sale of commercial grade pizza ovens. Mario explains to Lee, a salesperson for Wood Ovens Pty Ltd, that he wants an oven which will be the most suitable oven for his 24hoursaday, 7daysaweek pizza shop. Lee replies that the 'Deluxe A1' model pizza oven is the top of the range in terms of pizza ovens and will be the best pizza oven for Mario's business. Lee says that Mario can have this oven for $15 500. Assume that Mario has a contract with Wood Ovens Pty Ltd for the purchase of a 'Deluxe A1' model pizza oven, and one of the terms of the contract is that: 'The liability of Wood Ovens Pty Ltd is limited to the cost of replacing a defective oven.' However, Lee promises Mario orally that this term 'is just a formality' and that 'you can get your money back' if anything goes wrong. 1. What are Mario's rights (if any) against Wood Ovens Pty Ltd under pt 32 of sch 2 to the Competition and Consumer Act 2010 (Cth) if it becomes clear that the 'Deluxe A1' model pizza oven does not function properly once it is used for more than 15 hours a day? (25 marks) 2. Can Mario enforce, under contract law, Lee's promise that Mario can get his money back? (8 marks)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started