Question
Sidney manufactures and sells prestige shirts in his shop in Double Bay. Sidney is a sole trader. He shows one of his customers, Margaret, a
Sidney manufactures and sells prestige shirts in his shop in Double Bay. Sidney is a sole trader. He shows one of his customers, Margaret, a pair of jeans which are on display. Margaret is purchasing the jeans for her own use. She likes them but needs one size larger. Sidney agrees to make an identical style but in the larger size and Margaret pays a deposit of $50.00.
Later, the new jeans are delivered to Margaret at her home. The jeans when delivered are unusable because the stitching comes apart and they fall apart. However, when Margaret complains and tries to give them back, Sidney reminds her that in his shop there is a large sign that states:
"Sidney sells goods without taking any responsibility as to their quality. Once ordered, goods must be accepted."
Which advice do you consider is right for Margaret to accept?
a.
the exclusion clause effectively excludes sect 19 of Sale of Goods Act
b.
Sue Sidney for breach of contract using sect 70 of Trade Practices Act
c.
Sue Sidney as the manufacturer using Trade Practices Act part VA
d.
seek to have Sidney fined for breach of sect 52 of the Trade Practices Act
e.
Sue Sidney for breach of contract using Sect 19 Sale of Goods Act
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