Question
Momo is a very astute artist and specializes in water colours. One day he went into Gidget's art supply store and ask for some water
Momo is a very astute artist and specializes in water colours. One day he went into Gidget's art supply store and ask for some water colour paint. Gidget gave Momo a box of paint and said, "this is the finest water colour paint in the world. The box contains 24 different colours."
When Momo used the paint, it clearly was not the finest paint he had ever used.Indeed, it was of a very poor quality.Momo could tell that some of the paints had acrylic in them which cannot be used for painting in water colour.Further three of the colours in the box of 24 were the same just with different names.
Momo took the paint back to Gidget. Gidget said that she would not accept a return of the paint as there was a large and obvious sign in the store saying "all sales final - no implied terms, conditions or warranties in in any contracts for the sale of paint." Out of frustration, Momo threw the paint at Gidget and stormed out of the store. While the paint box missed Gidget, some of the paint came out and landed in Gidget's hair.
- Have there been any breaches of the guarantees in the Australian Consumer Law?
- Can Momo make any claims under the Sales of Goods Act?
- Does Gidget have any tort claims against Momo?
- Can Momo bring a claim under section 18 of the Australian Consumer Law on the basis that the paint was not the "finest water colour paint in the world?"
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