Marry is obsessed with looking youthful. She spends large amounts of money on beauty creams. One day she notices dryness around her eyes and goes in search of help to the cosmetic section of the local branch of David James, a large retail chain.

Mary asks the sales assistant for a cream to counter drying around her eyes. The sales assistant shows one to Mary which she duly purchases. Unfortunately it is meant only for only skin and makes Mary's problem much worse. The eye cream proved to be very painful and exacerbated the dryness around her eyes.

a) As a consumer of goods, Mary now wishes to sue David . James under the ACL. What is your advice?

b) Explain if your answer would be different if the sales assistant informed Mary that she usually works in the sporting goods section.