Questions

1. What are some of the implied terms or guarantees that apply to the supply of goods and services in trade and commerce to consumers?
2. Discuss why are terms implied into contracts for sales of goods?
3. What are two general purposes of statutory trade practises and consumer protection legislation?
4. Can the consumer guarantees that are implied under sales of goods and consumer protection legislation able to be excluded by agreement between the consumer and the supplier?
5. Samuel went to a caravan dealer in his local area and said that he wanted a caravan for an extended trip. The caravan dealer recommended a particular type of caravan and Samuel bought it and commenced his extended trip. After a day or so, Samuel hit a pothole on the highway, and the axle broke. It was discovered that the caravan was not designed for rough roads or in fact extended trip and was really only designed to be parked in an actual caravan park where it would have been stationary for most of the time. Samuel had to have the caravan towed at great expense and he arranged to have it returned to the caravan dealer. Discuss giving reasons and any remedies that Samuel can obtain against the dealer as a consumer under general sale of good legislation.
6. Lana, purchased a pair of woollen thermal underwear from 'Merino Australian Wool Products' in their store in Rome, and she sought the assistance from the salesperson. As a result of wearing the woolen underwear without washing them first before wearing and the salesperson did not tell her that she ought to do so, Lana contracted dermatitis which has caused her some distress due to the severe rash and itching. Upon further investigation, it was found that the woollen underwear contained traces of the cleaning product, sodium bisulfate, which it was found had been left in the underwear during the manufacturing process. The thermal underwear were packaged in a clear cellophane wrap (and not actually handled) prior to purchase, which meant that the traces of the sodium bisulfate could not be seen or even smelt upon a reasonable inspection of the by either the retailer, Merino Australian Wool Products, or even by the buyer (consumer) in this instance, Lana. Do you think that Lana has any remedy or remedies available to her for the damage and injury that she has sustained by wearing the woolen thermal underwear against the retailer that is Merino Australian Wool Products under the general sales of goods and statutory consumer protection legislation? Explain what Lana would need to establish in order to succeed in an action foe the harm and damage that she has sustained and whether, in your opinion, she would be successful.
7. How can terms generally be implied into contracts?
8. If a buyer purchases goods from a seller who has a voidable title, what sort of title will the buyer have? Explain.
9. Distinguish a contract for the sale of goods from a contract for work done and materials supplied.
10. Explain the 'nemo dat rule' and provide at least three exceptions to the rule.