(a) That's wrong. If goods are supplied in trade or commerce to a consumer, s 59 of the ACL provides a guarantee that the manufacturer will comply with any express warranties it has given. A guarantee is also provided that the supplier will comply with any express warranties it has given. This means that, rather than having to rely on contract or tort law, the consumer can bring an action based on the failure to comply with the statutory guarantee created by s 59.

Section 271 of the ACL provides the consumer with a right of action for damages against the manufacturer. The consumer can claim damages to compensate for any reduction in the value of the goods, and any loss or damage suffered because of the failure to the extent that such losses were reasonably foreseeable as a consequence of the failure.

The available remedies against a supplier for breach of a statutory guarantee are explained at the end of this section.