Question: Mya wants to cut down some overgrown tree branches from a small tree in her backyard. On Sunday afternoon, she visits her local hardware store

Mya wants to cut down some overgrown tree branches from a small tree in her backyard. On Sunday afternoon, she visits her local hardware store to purchase a cutting saw and speaks to Max, the manager of the store. She explains to Max why she needs the saw. Max strongly recommends the "Cut Master" saw, and so Mya proceeds to purchase this saw for $150. When Mya returns home, she commences to cut down some of the branches. After about 20 minutes, Mya is exhausted even though the branches are lightweight. Mya looks at the blade of the saw and realises that it is almost blunt! The next weekend, she takes the saw back to Max and demands a refund. Max points to a prominent sign at the payment desk: "the Consumer Guarantees do not apply in this store." Max also says to Mya: "The Cut Master is a saw for cutting through metal, not timber and so you have purchased the wrong saw". 

Using the IRAC method, answer the following questions: 

a) Can Mya demand a refund under the ACL for the saw she purchased from the hardware store? 

b) How would your answer change if Mya did not speak with Max at all, but purchased a saw suitable for cutting through lightweight timber, and after 20 minutes the blade breaks in half? 

 

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a Can Mya demand a refund under the ACL for the saw she purchased from the hardware store Yes Mya can demand a refund under the Australian Consumer La... View full answer

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