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Business Law Question
Question 1
a. According to the Australian Consumer Law, a customer can ask a seller for a refund but
one is not always entitled to the refund. In the case of Emma vs Lichlan, Emma is
required to provide a refund to Lichlan and should not compensate him for the fire
damage caused to his house according to the consumer guarantees in the Australian
Consumer Law. Although the receipt clarifies that the product must be unopened and in
resalable condition, the Australian Consumer law provides that a product does not have to
be in the original packaging in order to get a refund. Besides, the issue with the toy car
could only be noticed once it is opened and used by the customer. All other costs
associated with the need for a refund should also be covered by the seller when providing
the refund. Therefore, Lichlan is not only entitled for a refund but also compensation for
the damages caused to his house.
b. Yes, the exclusion clause on Fantastic Toy’s receipt and Emma’s oral statements breach
the misleading and deceptive conduct (s 18) and specific false or misleading
representation (s 29) provisions of the Australian Consume…
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