Assuming Alisha has sold her car, she is now looking for a new car. Alisha goes to
Question:
Assuming Alisha has sold her car, she is now looking for a new car. Alisha goes to a local car dealership, Bundoora Always Good Car one day to buy a new car, and speaks to a salesperson, Vijay. Alisha explains to Vijay that she is looking for a car that is suitable for her to drive to university and work. Vijay hands Alisha a catalogue and shows her a new model called Easy Drive, saying, "This car will be perfect for that. It can handle all sorts of conditions."
They discuss price, and then Vijay prepares a document with 'Sale Contract' at the top. Alisha checks the first few written terms, including the agreed sale price of $25,000, but does not bother to read the rest of the document and she misses a clause in the document that says, 'Bundoora Always Good Car is not responsible for any breach of any term in this sale contract'. Alisha signs the document, pays, and drives away in her new car.
Two weeks later, Alisha is driving her new car and a heavy rainstorm begins. As she switches the windscreen wipers to maximum speed, they suddenly stop working. With sudden low visibility, Alisha drives off the side of the road and crashes into a tree. Alisha does not suffer any injuries, but there is damage to the front of his new car.
Alisha is disappointed, so she calls Vijay to complain about the faulty wipers. Vijay tells Alisha that the car dealership is not liable because of the exclusion clause in the sale contract.
Use only legislation (and any relevant case law) to answer questions 4, 5 and 6. Do NOT use common law and/or equitable principles.
Would the sale contract between Alisha and Bundoora Always Good Car be considered a 'consumer' contract under the Australian Consumer Law?
Assume that it is a consumer contract under the Australian Consumer Law. Has Bundoora Always Good Car breached any relevant statutory guarantees of the Australia Consumer Law (ACL)?
Would the exclusion clause ('Bundoora Always Good Car is not responsible for any breach of any term in this sale contract') exclude liability for breach of a statutory guarantee under the Australian Consumer
Law?
Expert Answer:
Answer Consumer Contract under the Australian Consumer Law ACL According to the Australian Consumer ... View the full answer
