Question
Nathan retired and decided to take up cooking. He started reading up about high-end kitchen appliances and came across a product called Axellent that is
Nathan retired and decided to take up cooking. He started reading up about high-end kitchen appliances and came across a product called Axellent that is sold by Chevs Pty Ltd (Chevs). Axellent has a multitude of functions and is retailed for approximately $1500. After reading about the many features of Axellent, Nathan visited Chevs on 10 November 2021 to buy one. Unbeknown to him, between 7 August 2021 and 15 November 2021 (the relevant period), Chevs became aware that there was a safety issue with Axellent. There was a potential risk of serious injury if Axellent's lid lifted or moved and any hot food or liquid escaped from the mixing bowl. Nevertheless, during the relevant period, Chevs continued to supply and promote Axellent and did not disclose the safety issue.
Before he bought the appliance, he asked the sales representative whether Axellent was safe. He was assured that it was. Nathan was so excited about his latest acquisition that he used it every day. On the 8th day, Nathan was severely burned when hot steam escaped from the mixing bowl when the lid was on. He was very shocked by the incident, as he had followed all the instructions when using the appliance.
Nathan knows that he has legal recourse if Chevs has contravened the Australian Consumer Law (ACL). Which sections of the ACL has Chevs most likely contravened? Explain why. (Do NOT discuss manufacturer's liability or remedies available to Nathan.)
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