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Question: question details scenario 2011 nsw george bought a bag of...

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Question details

Scenario (2011. NSW)

George bought a bag of Broccoli & Cauliflower for $10. George usually bought just broccoli, but Greenlgoods was out of this stock, so George compromised with his purchase and bought the mixed bag.

When George got home, he followed the microwave cooking instructions and then tipped the whole contents of the bag out into a bowl. George was not happy with the contents of the bag.  George went back to supermarket with the empty bag and receipt and told the manager that he wanted his money back. 

There are14 major florets of cauliflower with some whole and some halved. There is also one small floret of broccoli visible and this is floret is less than a fifth of the size of any of the cauliflower florets and there are no other pieces of broccoli in the bowl.

But image on the plastic bag that the vegetables came from and visible on the bag are the words “Steamed Fresh Frozen Vegetable” “Perfectly cooks in the bag” and “Broccoli and Cauliflower”. On the bag there is also a picture of a bowl containing equal amounts of the same sized florets of broccoli and cauliflower.

 

1.Is there a breach of one or more of the ACL consumer guarantees? Which ones and why?

George was mislead by the statement and discripation on the packaging, he brought the good but not fit for his purpose.     Does this also breach S 55 Guarantee as to fitness for any disclosed purpose ?  

 

2Are there any reasons why George would not be entitled to reject goods and get a remedy?

 

 qeustion 2:Are there any reasons why George would not be entitled to reject goods and get a remedy?

(Scenario  fact:  George went back to supermarket with the empty bag and receipt and told the manager that he wanted his money back )

Could you please clraify this .............According to S263(2), the goods must be returned to the supplier by the consumer .  Does that mean George is not entitled to reject goods?

But according s 259 (7) The consumer may take action under this section whether or not the goods are in their original packaging.   Does this means George could argue that he brought the original packaging back to the supermarket, regardless if there are vegetables in the bag or not??

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