Question 1
James purchases a new refrigerator from a department store. He pays S1000 for the refrigerator. He receives a ‘one-year manufacturer warranty’ for the product. After one year and two months, the motor in the refrigerator stops working. James contacts the department store where he purchased the product and asks for a replacement refrigerator. The store attendant apologises and says ‘Sony, you are out of warranty’.
James seeks your advice as to whether he has a case to get a replacement refrigerator under the Australian Consumer Law
REQUIRED Advise James. [750 words. 15 marks]
Question 2
Jason is riding a bicycle at night with no lights not any reflective material on the bicycle or on his clothing. He is nding in the middle of the road on dark stretch of road on the outskirts of Brisbane
Sarah is dnving within the speed limit and is paying attention when she collides with Jason. Jason is injured and he brings legal proceedings against Sarah alleging that she has been negligent
REQUIRED
Advise Sarah whether she has a possible defence against the action brought by Jason Refer in your answer to any relevant sections of the Civil Liability Act 2003 (Q1d).
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