Question
Winston owns a cat called Sinbad. Sinbad is a very happy and lively cat. In particular, he loves to play with a neighbour's cat, Squiggles.
Winston owns a cat called Sinbad. Sinbad is a very happy and lively cat. In particular, he loves to play with a neighbour's cat, Squiggles. One day however, Squiggles relocates to Napier. Sinbad becomes withdrawn and unhappy. His fur starts to turn grey. Desperate to help Sinbad, Winston carries out research on the internet. He finds an advertisement by "Catcare". The advertisement states:
"Catcare has developed a new medication for cats which will restore their youth and vigour. It will transform an old and grumpy cat into a playful kitten. Tests show a 90% success rate. The first order is absolutely free. Just tell us how well it has worked."
Winston immediately places an order and receives a box of pills. However, after using the pills for a month, Sinbad becomes aggressive and violent. Sinbad even attacks children.Winston is forced to take Sinbad to the Veterinary clinic and incur the costs of several visits and expensive medications to treat the personality change.
It turns out that "Catcare" is not a business entity at all. Dr Joseph placed the advertisement. He is a lecturer at the University of Hokitika medical school. He spends most of his time teaching, but is also doing research into reversing the aging process in domestic animals. His ultimate aim is not to sell the pills, but rather to publish an academic article, which he hopes will improve his reputation. The reason that he invented "Catcare" was because he didn't think that people would be willing to volunteer their cats for medical research. At the time he placed the advertisement (two months earlier) he had conducted research on rats, which showed a 90% success rate. His subsequent research on cats and dogs had showed that the pills had serious flaws when used on larger animals.
AdviseWinston of any remedies he may have against Dr Joseph under the Fair Trading Act 1986. Do not consider:
i.Any criminal liability of Dr Joseph
ii.Any liability of the University of Hokitika.
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