LPAB Diploma In Law Practice Questions - Legal Profession Admission Board (NSW) Diploma In Law Examinations Exam

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A consumer buys a new dishwasher from a retailer; it stops working after three weeks due to a manufacturing defect. The retailer says the manufacturer's express warranty has been voided. Under the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), what is the consumer's strongest basis to obtain a remedy from the retailer?

The manufacturer's express warranty, which the retailer cannot void An action in negligence against the retailer for the defective product The doctrine of caveat emptor, which protects the buyer The consumer guarantee of acceptable quality, which cannot be excluded by contract

Correct Answer:

The consumer guarantee of acceptable quality, which cannot be excluded by contract

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