Question
You are employed by a retail business and your manager has asked you to provide guidance in relation to the situations when the obligations under
You are employed by a retail business and your manager has asked you to provide guidance in relation to the situations when the obligations under the Consumer Guarantees Act 1993 ('CGA') must be complied with by the business. Your task is to provide a report that explains the meaning of the term 'consumer' in the CGA. Your report must:
1. Outline the relevant definition of 'consumer' in the Consumer Guarantees Act 1993;
2. Explain how the definition operates in relation to goods that have mixed uses (personal and commercial uses);
3. Explain whether the CGA applies when a business acquires goods of a kind ordinarily obtained for personal, household or domestic use;
4. Refer to the guidance given by the Court of Appeal in relation to the meaning of 'consumer' in the case of Nesbit v Porter [2000] 2 NZLR 465; and
5. Provide three hypothetical examples of sales of particular goods to particular buyers and briefly explain whether the buyers of these goods would be 'consumers', and why. For example: A builder buys a hammer from a hardware store to use in her business - is the builder a 'consumer'? Your hypothetical examples should be designed to assist your manager in determining when particular buyers are covered by the 'consumer' definition in the CGA.
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