A sample Friendly Counsel
The Friendly Counsel is your chance to create an advisory that helps others in your jurisdiction better understand the law. To help you, this sample has been created and is available for you to use as a reference.
Work through the following sample and then make a start on your own on the next step.
Sample Friendly Counsel: Sale of goods
I bought an apple in a fruit shop. Later that day, I bit into it and discovered a bug. Yuck!
Statutory consumer guarantees means that if I purchased the apple ‘in the course of trade’ then the apple must be an ‘acceptable quality’ and be ‘reasonably fit for the purpose for which it was sold’. An apple with a bug in it is not fit for eating, and so, the seller has breached the statutory guarantees in my legal jurisdiction and must provide me, as the purchaser, with a remedy for what happened.
- Guarantee as to acceptable quality: Section 54, Schedule 2, Competition and Consumer Law Act 2010 (Cth).
- Guarantee as to fitness for purpose specified: Section 55, Schedule 2, Competition and Consumer Law Act 2010 (Cth).
No need to seek advice from a lawyer. Do not throw the apple away in disgust. Rather, take the apple back to the shop as soon as you can, and show the seller the bug in the apple. Find and keep your receipt of purchase. Take a photo of the bug in the apple if you think the bug might fly away…or go looking for another apple!
Show the apple to the seller, together with your receipt and photo (if you have them) and kindly ask the seller for a replacement apple, or, if you’re no longer comfortable with eating an apple, simply ask for a refund.
The seller must provide you with a refund if you ask for one, because a bug in an apple is clearly a ‘major failure’ under the Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australian law.
© Monash University 2016. CRICOS No. 00008C