Brown purchased a pair of woolen underpants from Underwear Galore in Adelaide. As a result of wearing the underpants without first washing them, he contracted dermatitis as the underpants contained bisulphite of soda, which it was found had been left in the underpants during the manufacturing process. The underpants had been packaged in a clear cellophane wrap, but the bisulphite of soda couldn’t be seen on a reasonable inspection by either the retailer or the buyer. a). Has Brown any remedy or remedies available to him against the retailer, Underwear Galore, under the Australian Consumer Law? b). Explain what Brown has to establish in order to succeed in an action and whether, in your opinion, he would be successful.
Brown purchased a pair of woolen underpants from Underwear Galore in Adelaide. As a result of wearing the underpants without first washing them, he contracted dermatitis as the underpants contained bisulphite of soda, which it was found had been left in the underpants during the manufacturing process. The underpants had been packaged in a clear cellophane wrap, but the bisulphite of soda couldn’t be seen on a reasonable inspection by either the retailer or the buyer.
a). Has Brown any remedy or remedies available to him against the retailer, Underwear Galore, under the Australian Consumer Law?
b). Explain what Brown has to establish in order to succeed in an action and whether, in your opinion, he would be successful.
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