CGA FTA note - Lecture notes 4-5 PDF

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Summary

Consumer gurantee act
fair trading act...

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CGA ◦ Main legal issues : Whether _______ is a consumer for the purpose of Section 2 under CG — section 2(a) The NATURE of the good ‘ Have to determine whether the good a kind ordinary acquired for personal, domestic or household use of consumption? — The first requirment is tha x must have purchased goods of a kind ordinary used for — printer etc can all meet this requirment — even though the store sells 90% to commercial, but it owes not prevent x from being a consumer —The authority for this is Nesbit v Porter which held that the buyer were consumer as the purchase of that good for personal use was not highly unusual —even though in the case the 20% is quite low, but the purchase is not idiosyncrtic. — section 2(b) why was the actual purpose of

acquisition? ‘ It is not resupplying, other things in trade or incorporated in land fixtures = _ is a consumer ‘ If the good was acquired for business, have C and S contracted out of CGA - refer to Section 43 — the second requirement for s2 is that the good are not purchase for resale, consumption in a process of manufacture or to repair or treat other goods or fixtures on land as part of a trade. — [goos tha are not resold or consumed] = his mean the purchase would pass both requirments of the consumer definition for these items —[goods that resell to he clients after some processing] = because the items are transformed from their original state, they are being ‘consumed in a process of production or manufacture ;although these goods meet the first equipment, but thy fail to meet the second requirment so he would not be a consumer with regards of these items.

— whether X fall within any of the exception in s41? “ Did __ purchase the good for ‘business purposes’ so that section 43 applies? ‘ did the g/s supplied in trade? - not then ok — none of the exception apply if: + thi was not a private sales as the goods were purchased from a computer and stationary store. +there is no info in the question to suggest that the store has elected to contract out of the CGA for business consumers so section 43 does not apply — The exception under Section (43) ‘ Cannot contract out the act except the argeement is in writing, g/s are supplied and acquired in trae, and all parties are in trade, and it is fair and reasonable — ◦ Once ___ established to be a consumer, then __ is cover under CGA, therefore can seek a

remedy. ◦ ‘ the remedy would be refund , replacement or fix it. CASE - Nesbit v Porter ◦ Held that : there can be more than one ordinary use of goods, and if goods are commonly used for personal use then personal use is an ordinary use. ◦ If the good is not highly unusual, then it is ordinary ◦ It is not a matter of determining what the majority of people use the good for (N v B) ◦ A low $ of personal buyers could mean the item is a consumer good

Washing machine case + is X a consumer? - the is nothing suggest that it is an industrial machine so it is assumed that it is an washing machine for private use. ◦ so it a consumer goods ◦ X did not resell or to consume in a process of

manufacture or production therefore he is a consumer....