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Tom is planning to go hiking in the Blue Mountains, but due to an earlier accident, he is concerned about find a pair of shoes that will support his weak ankle. Tom approached the salesperson at The Sporting and Hiking Store in Sydney and asked the salesperson to recommend a pair of top quality hiking boots that would support his weak ankles.

The salesperson replied: We have exactly what you are looking for. This is the new 'Anaconda 3000. It is very expensive ($850) because it is the best medical grade walking shoes on the market, and comes with additional support straps that are guaranteed not to break. Trust me, these shoes will last a very long time and will provide the support you need for your ankle.

Based on the promises made by the sales assistant, Tom bought the shoes.

The next week, Tom took off on a 5km bushwalk. Unfortunately, after only half a day's use, Tom stepped on a loose rock and broke his ankle.

On closer inspection, it was discovered that one of the ankle support straps snapped, thereby providing no support to his ankle as he fell.

Refer to sections in the ACL (and where relevant, also to case law) and answer the following questions:

(a) Advise Tom whether he can sue Anaconda Pty Ltd for a breach of ACL s 54 (Acceptable Quality) (Remember to first address whether Tom is able to rely on the ACL under s3!)

(b) Suggest a suitable remedy under the ACL 259 (Remember to first address whether the breach was a major failure under ACL s 260)

(c) Can you think of any other sections that may have been breached by the shop? (Give a brief explanation why you believe the relevant section may have been breached. There is no need to analyse/ apply the section to the facts scenario)

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