Revision. Terms implied by Legislation 3 Acts that imply terms in a contract Criteria for TPA to apply Definition on consumer contract in TPA. Application of Trade Practices Act Applies only where The vendor\supplier is subject to the Act The purchaser is a consumer
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The supplier is subject to the Act if:
A person is a consumer if:
ie one of the first 3 and not one of the last 4 items
Goods & Services
(Sweeney & O’Reilly
Chapter 8 pp 184 – 199)
are not brought for
(Section 85 Goods Act)
Is the contract for the sale of goods?
Does s 85 of the Goods Act apply?
The contract is a non-consumer contract
Does the Trade Practices Act apply?
There is an implied condition that the goods will be fit for the purpose (s20)
Claim for breach of implied term exists if:
Goods Act (VIC) implies terms relating to
Section 15 Electronic Transactions Act