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First Principles of Business Law |
| Statutory provisions affecting contracts for goods and services |
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5. The Australian Consumer Law |
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5.6. Guarantee of suitability for a consumer's purpose |
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A goes into B's shop, where B sells computers. He tells B that he wants a laptop computer, not to use at home, but to use in his yacht to get weather reports and satellite images. A tells B that although it will be kept in the cabin, all parts of a boat can be quite exposed to the weather. B suggests that A buy a Toshiba 20-inch screen laptop, which he has on special offer for $1,500. A buys this computer, and uses it on his yacht, but the frequent changes in temperature and humidity affect the computer badly, and after a few weeks it stops functioning reliably. It turns out that the casing of the computer is not well insulated. |
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(a) Since computers are not normally installed in exposed conditions such as in a yacht, there is no guarantee that the computer sold by B to A will be suitable for use in such conditions. (b) Even though computers are not normally installed in exposed conditions such as in a yacht, in this case A explained the purpose for which he wanted the computer and relied on B to supply a suitable one. In these circumstances there is a guarantee that the computer would be suitable for use in such conditions. |
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