The next day Gavin returns the Super Pro to Mr Choden asking for a cash refund as the Super Pro does not have the specifications to download and play Crash Palace. Mr Choden thinks Gavin should have checked more carefully before buying a laptop computer that is designed for business use.

QUESTION

(i) Discuss whether Gavin is entitled to a cash refund under the Consumer Guarantees Act 1993. 

(ii) Have Enos and/or Mr Choden committed an offence under the Fair Trading Act 1986?

One day he leaves his nephew, Enos, in charge for an hour. Enos is confused and asks all customers, both business and non-business to sign the standard contract. Gavin is one of the customers that Enos deals with. Gavin tells Enos he wants a good laptop to play games and he particularly wants a laptop that will download a new game that has just come out called “Crash Palace 2020”. Enos tells him the Super Pro is ideal for his needs and has the specifications to play Crash Palace easily. Gavin then buys a Super Pro.

The next day Gavin returns the Super Pro to Mr Choden asking for a cash refund as the Super Pro does not have the specifications to download and play Crash Palace. Mr Choden thinks Gavin should have checked more carefully before buying a laptop computer that is designed for business use.