Valentino purchased a pair of leather pants for $800 from 'Leather and Crystal Exotics' ('LACE'). As a result of wearing the pants without first washing them, he contracted dermatitis as the pants contained bisulfite of soda, which it was found had been left in the pants during the manufacturing process.

The pants had been packaged in a clear cellophane wrap, but the bisulfite of soda could not be seen on a reasonable inspection by either the retailer or the buyer. There we no warnings or directions regarding washing nor cleaning before wearing.

Has Valentino any remedy or remedies available to him against the retailer, LACE, under the Australian Consumer Law ('ACL')?

a) Explain what Valentino has to establish in order to succeed in an action, and whether, in your opinion, he would be successful for any breach against any of the consumer guarantees under the.

b) What Australian court case underpins the law in this scenario and introduced Negligence into the Australian legal system? Only the name of the case and its citation is required. (1 mark)