2003 Exam, Question 8 - Finally resolved! (1 Viewer)

[santaslayer]

Originally posted by suz
Damn I had tort so that was the sucker that made me get 89 lol

ahaha.i got 89 too....LoLz

 

[santaslayer]

Originally posted by Lazarus
The logic behind the answer must inevitably revolve around the fact that contract law provides a feasible remedy whereas tort law does not.

Division 2A of Part V of the Trade Practices Act 1974 (specifically, s 74H) creates a statutory form of action against the manufacturer or importer of goods without the need for a contract directly between the consumer and the manufacturer. Rights which Division 2 give to the consumer against a manufacturer include:

1. A right of action for goods which are not fit for their purpose: s 74B;

2. A right of action in respect of goods not complying with description: s 74C;

3. A right of action for goods which are not of merchantable quality: s 74D;

4. A right of action where goods do not correspond with samples: s 74E;

5. A right of action where manufacturers fail to provide reasonable repair facilities or spare parts: s 75F;

6. A right of action where manufacturers do not comply with express warranties: s 74G.

yea, that sounds right ..........
but how da phuck were we, as mere yr12 students, suppose to get that right in the hsc?.........

 

[adamj]

I agree. This question is quite annoying to the extent where answers are based on a punt, rather than knowledge.

 

[Jago]

Tort law requires a) duty of care, b) breach of that duty and c) damage resulting for the breach. Isn't that the way it's suppose to be?

 

[connie]

i'm back! shame to see the public vs private thread is gone!

well know i know where i lost one mark, 6 marks still remain a mystery!

goodwork laz i like ur explanation

 

[MiuMiu]

its not gone

 

[santaslayer]

look up for it in the search function

 

[Tenille]

its not gone, its just that no one cares