Mr Friday Oladipo went to Athlete's Toes, an athletic apparel store, and told the salesperson that he wanted a comfortable and stylish pair of running shoes to use in an upcoming marathon. After fitting several pairs, Friday chose the one that was recommended by the salesperson as the best-selling running shoes in the store due to their excellent durability and stylish design.

Friday wore the shoes to the marathon as planned. After running only 5 kilometres, the sole of Friday's left shoe suddenly became unstuck, causing him to stumble and fall and hit a passing bicycle ridden by a marathon official. Both Friday and the cyclist suffered minor injuries. Upon investigation, it was found that the shoes were in fact poorly made and that the rubber soles could actually be peeled off by hand by applying some minor force.

Friday comes to you for advice as he wants to sue Athlete's Toes. What would your advice be under Australian Consumer Law? If he does have a claim, on what basis under the ACL can he claim?