Clean Aqua Pty Ltd Are Facing Legal Risks Under The Australian Consumer Law
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Clean Aqua Pty Ltd are facing legal risks under the Australian Consumer Law. In order for the ACL to be applicable to Clean Aqua Pty Ltd, there are certain conditions that have to be satisfied.
The first condition under section 7 of the Australian Consumer Law is that Clean Aqua Pty Ltd has to be the manufacturer of the goods. This condition was fulfilled as they were they did manufacture the home Clean Aqua appliance.
The second condition under section 2 of the Australian Consumer Law states that as part of their business activity, the company must be in trade or commerce. Clean Aqua Pty Ltd are participating in trade or commerce.
The third condition under section 2 of the Australian Consumer Law implies that the product must be supplied by the means of sale. As the consumer purchased the appliance from the retail store, a sale was transacted.
The fourth condition under section 2 of the Australian Consumer Law provides that goods include various different products. Clean Aqua home appliance is categorised under a good and therefore satisfies the condition.
The Australian Consumer Law applies to Clean Aqua Pty Ltd as these conditions has been satisfied. The company is liable to legal risks if they have breached the Australian Consumer Law. Under Australian Consumer Law part 3 to 5 section 9 explains what constitutes a safety defect. This section provides that goods have a safety defect if a person is not expecting detriment to their safety not such as they are entitled