CONSUMER LAW APPLICATION IN AUSTRALIA. Literature & Language Essay (Essay Sample)

University of The Sunshine Coast School of ….Name of the StudentStudent Numbers June 2020
AUSTRALIA CONSUMER LAW
* Faulty Electric Blanket
Facts
Tracey bought an electronic blanket for her father for $150.00 .some fifteen minutes after her father plugged in and turned it on the smelt something burning. He discovered that the heating element in the blanket was faulty and had burnt through to the sheets and covers on the bed.
Issues
1. Whether there was a breach of the implied term of quality of the blanket within the provisions of the relevant statute after the sale of the blanket.
2. Whether Tracey is entitled to any remedy as to a result of the breach of the implied term.
Rules
Pursuant to section 54 of the ACL, a seller is required to guarantee that the goods are of acceptable quality thus the same should be durable and good for safe usage.[The Competition and Consumer Act ,2011 Sec. 54]
Analysis
It is evident that Eziebuy sold a faulty blanket to Tracey, it only took 15 minutes after her father had only plugged and it turned out to be burning. This is a clear indication that the product was not of the standard quality to be used by the consumer as stipulated within the provisions of section 54 of the statutes. It is the responsibility of the Eziebuy that its customers are not harmed by the goods they are selling as the law requires them to comply.
Eziebuy cannot raise a defense to be exempted from their actions or responsibility of ensuring that their products (blanket) ought to have been of the required quality to avoid the burning defects. The aspect of quality is not only a principle enshrined in the statutes but also, the courts have upheld the principle of good quality in the case of Henry Kendall & Sons v William Lillico & Sons Ltd (1968).[Henry Kendall & Sons v William Lillico & Sons Ltd (1968) , [1969] 2AC 31]
Conclusion
In conclusion, Eziebuy breached the implied term and they cannot raise a defense of not replacing the blanked as captured on the catalogue. Section 64 of the ACL prohibits them from excluding themselves from the liability of faulty goods and Tracey is entitled to a remedy.[The Competition and Consumer Act ,2011 Sec. 64]