Stephan, a world class tennis player arrives in Australia to partake in several tennis tournaments. He is concerned about contracting any viruses. He hears a radio advertisement for Sporty Clothing, a sports clothing store that claims to stock 'the best quality sports clothing and masks that provide protection against viruses'. Stephen decides to visit the store in Melbourne CBD. He is assisted by Angelo. Stephan explains that he is worried about contracting any viruses: 'I need the most protective clothing and masks that will ensure I do not contract any viruses. I have a number of important tournaments to participate in. I am not concerned about the price'. Angelo suggests to Stephan the Virus-Free Clothing and Mask Range. Angelo tells Stephan that 'this range is specially designed to protect against any viruses. We have sold thousands of items from this range without a single complaint. I think it is the best protection'. This is despite the fact that several customers have complained about contracting a virus after using the clothing and masks from this range.

Stephan purchases clothing and masks for $3,000.00. He is advised that in purchasing this particular range, he must sign a contract of sale. Stephan signs the contract of sale without bothering to read through the document.

Clause 3 in the contract of sale states the following:

'Sporty Clothing is not liable for any breach of warranty or condition under this agreement.'

Stephan is very excited about his purchase. He starts to wear his newly purchased items on the day of purchase, putting all his old clothes in storage. Within two weeks, Stephan in fact contracts a virus and is unwell for twelve days, that he cannot participate in one of the tournaments.

Use legislation (and any relevant case law) to answer questions 1, 2 and 3. Do not use common law and/or equitable principles.

1. Would the contract of sale between Sporty Clothing and Stephan be considered a 'consumer' contract under the Australian Consumer Law? (3 marks)