Master Chef Limited advertised their restaurant for sale. Mrs Pomeroy was interested in buying the restaurant. Under the terms of the sale contract, the restaurant had a 2 am trading licence. However, when Mrs Pomeroy visited the site of the restaurant it was not disclosed to her that a new Council rule (due to take effect after Mrs Pomeroy signed the contract) required the restaurant to close at 11 pm. Master Chef Limited was aware of the new Council rule. Advise Master Chef Limited as to whether it has breached the Australian Consumer Law (ACL).Question 2
Ravi purchased a ‘Get you to the garage’ emergency tyre repair kit from a small shop run by Emily in Kenmore, Brisbane. She knew Ravi wanted the kit for his bike. The kit contained a warning in large letters that the manufacturer and retailer of the product would not be liable for any loss or damage. One month later, Ravi had to use the repair kit. On the way to the city, the repaired tyre blew out, causing him to crash and lose the use of his right arm. Advise Ravi whether Emily has breached the Australian Consumer Law (ACL).
Lyn was a beauty consultant who sold cosmetics door-to-door on behalf of Beauty Products Limited. Lyn approached Mabel, a recently widowed immigrant in her home. Mabel was in receipt of a disability pension because of her failing eyesight, which made her housebound. Mabel could speak only a little English but she did not read nor understand written English. Lyn knew of Mabel’s medical condition and circumstances. Lyn filled in the application form for Mabel to become a door to door beauty consultant and purchase the Starter Kit of Beauty Products for $1000. Lyn gave Mabel the impression that she was at risk of losing her disability pension, so working as a beauty consultant would ensure she had an income. Advise Mabel as to whether Lyn has breached the Australian Consumer Law (ACL).
Master Chef Limited…