Week 7- LAWS1104

• • The ACL provides consumers with guarantees regarding the quality, safety, and fitness for purpose of goods and services. These guarantees include:
  • Guarantee of acceptable quality
  • Guarantee of fitness for any disclosed purpose
  • Guarantee of supply of goods by description
  • Guarantee of supply of goods by sample or demonstration model
  • Guarantee of title
  • Guarantee against undisclosed securities
  • Guarantee of undisturbed possession
• Guarantee of Acceptable Quality: Goods must be of acceptable quality, free from defects, safe, and durable.
• • Guarantee of Fitness for Any Disclosed Purpose: If the consumer discloses a particular purpose for which they are acquiring the goods, the goods must be fit for that purpose.
• • Guarantee of Supply of Goods by Description: Goods must match the description provided by the seller or manufacturer.
• • Guarantee of Supply of Goods by Sample or Demonstration Model: Goods must match any sample or demonstration model provided to the consumer.
• • Guarantee of Title: The consumer must receive clear title to the goods, free from any encumbrances or undisclosed securities.
• • Guarantee Against Undisclosed Securities: Goods must not be subject to any undisclosed securities or charges.
• • Guarantee of Undisturbed Possession: The consumer must have the right to possess and use the goods without interference.
• • Under the ACL, a contractual term is void if it is unfair to the consumer.
• • A term is considered unfair if it:
  • Causes a significant imbalance in the parties' rights and obligations.
  • Is not reasonably necessary to protect the legitimate interests of the party advantaged by the term.
  • Would cause detriment to the consumer if enforced.
• • Examples of unfair terms may include terms that excessively limit or exclude liability, unilaterally vary the contract, or disproportionately penalize the consumer for breach.
• • The consumer guarantees provided under the ACL work together to ensure that consumers receive goods and services of satisfactory quality and that their rights are protected in consumer transactions.
• • These guarantees operate alongside other protections under the ACL, such as the prohibition of misleading or deceptive conduct, unfair contract terms, and unconscionable conduct.
• • If a consumer's rights under the consumer guarantees are breached, they may be entitled to remedies such as repair, replacement, refund, or compensation, depending on the circumstances of the breach.