Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p6
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 12041–14715

or default of any person (not being the corporation or a servant or agent of the corporation); or
       (ii) a cause independent of human control, occurring after the goods have left the control of the corporations; or
    (b) where the circumstances show that the consumer did not rely, or that it was unreasonable for the consumer to rely, on the skill or judgment of the corporation.

Actions in respect of false descriptions
"74c. (1) Where—
    (a) a corporation, in trade or commerce, supplies goods manufactured by the corporation to another person who acquires the goods for re-supply;
    (b) a person (whether or not the person who acquired the goods from the corporation) supplies the goods (otherwise than by way of sale by auction) to a consumer by description;
    (c) the goods do not correspond with the description; and

    (d) the consumer suffers loss or damage by reason that the goods do not correspond with the description,

the corporation is liable to compensate the consumer for the loss or damage and the consumer may recover the amount of the compensation by action against the corporation in a court of competent jurisdiction.
"(2) Sub-section (1) does not apply if the goods do not correspond with the description referred to in that sub-section by reason of—
    (a) an act or default of any person (not being the corporation or a servant or agent of the corporation); or

    (b) a cause independent of human control, occurring after the goods have left the control of the corporation.

    "(3) A corporation is not liable to compensate a consumer for loss or damage suffered by the consumer by reason that goods do not correspond with a description unless the description was applied to the goods—

    (a) by or on behalf of the corporation; or
    (b) with the consent of the corporation, whether express or implied.
"(4) If the goods referred to in sub-section (1) are supplied to the consumer by reference to a sample as well as by description, it is not a defence to an action under this section that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
"(5) A supply of goods is not prevented from being a supply by description for the purposes of sub-section (1) by reason only that, being exposed for sale or hire, they are selected by the consumer.

Action in respect of goods of unmerchantable quality
"74d. (1) Where—
    (a) a corporation, in trade or commerce, supplies goods manufactured by the corporation to another person who acquires the goods for re-supply;
    (b) a person (whether or not the person who acquired the goods from the corporation) supplies the goods