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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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5.10. Guarantees of express warranties |
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A purchases a set of garden furniture from B, a commercial supplier of outdoor furniture. The furniture is made of wood and coated with a special sun-resistant finish. Attached to the furniture is a label that says: 'Guaranteed by the manufacturer not to require re-finishing for five years'. A asks B if the finish is really that good and B, keen to make the sale, tells A: 'Yes, and I'm prepared to offer the same guarantee myself'. However, after two years, the furniture that A purchased has faded badly and clearly requires re-finishing. |
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(a) In such situations, A's remedies lie in contract law and tort law, but there are no provisions in the ACL that would help A to enforce the express warranties made by the manufacturer and supplier of the goods. (b) In such situations, in addition to any remedies that A might have in contract law or tort law, the ACL has provisions that would assist A to enforce the express warranties made by the manufacturer and supplier of the goods. |
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