Rupert runs a business called birdseed heaven. He imported bird seeds in bulk and then repacked the bird seeds into smaller bags for retail customers. One of the batches of bird seeds that he imported was contaminated while in transit to Australia. This was due to it being stored next to fertiliser in a ship hold. Rupert did not check the bird seeds before it was repackaged. As a result of the contained bird seeds which was sold to one of his clients, Donald, Donald's parrots died.

Donald want to take action against Rupert using consumer guarantees under the Australian Consumer Law. Explain to Donald which option would give him the better chance of succeeding against Rupert - (a) breach of the consumer guarantee for fitness for purchase or (b) breach of consumer guarantee for acceptable quality? [You do not need to address negligence issues in answering question].

In your answer state any sections in the Australian Consumer Law that apply to this problem (5 marks)