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1 Found helpful • 17 Pages • Essays / Projects • Year: Pre-2021
Q1. Does the dress comply with the Australian Consumer Law consumer guarantees? Is Mia entitled to a refund in your opinion? Would any other remedies be available to her? (20 marks) Q2. Mia is browsing online the following day when she discovers what appears to be a solution to her problem. Jana, another bride in Queensland, is selling what is described as a 'genuine Sunday Rose' dress in blush pink that is Mia's exact size. The advertisement says the dress was ordered direct from the designer in the US, and is unused: it is only being sold because Jana has put on weight, and has had to reorder the dress in a larger size for her own wedding. The dress is being auctioned on eBay. Mia notices there have only been a few bids, and as the auction is about to close, she puts in a bid of $1200, and to her surprise she wins the dress. When she receives it though, it has obviously been worn, as several of the ruffled flowers on the skirt are missing or damaged, there is a tiny red wine coloured dot inside one of the pleats on the bodice of the gown, and also what appears to be a watermark around the hem (possibly from wet grass). Does the Australian Consumer Law apply to this situation? Does Mia have the right to return the dress to Jana for a refund (assuming Jana doesn't agree)? Why or why not? (8 marks) Q3. Unknown to Mia when ordering her first dress, Kingfields had already placed a bulk order for a large stock of the Sunday Rose dress in blush pink from the designer, who has the dresses manufactured in the US. These stock dresses weren't in the store at the time Mia was ordering her dress, but have since arrived, and they are all the same colour as the dress made for Mia. Like Mia, Kingfields placed their order by reference to the sample colour swatches. Additionally, the dresses have been made without zippers in them, although they are obviously needed for this style of dress. The dresses have already been paid for and Kingfields accepted delivery before they noticed the zippers were missing. Discuss the potential application of the Sale of Goods (Vienna Convention) Act 1986 (NSW) to this situation (you may assume there is no clause in the contract excluding the operation of the Convention). What would you advise Kingfields to do? (7 marks)
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