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by mehrdadn 3088 days ago
> Under Australian law, it depends on if the defect is material, and if it would have reasonably changed your buying decision.

Interesting, so if you need that particular product (say it has something specific you need, e.g. a program that only runs well on Intel) and there is no competitor to it with that particular feature (e.g. AMD CPU runs the program poorly) then they can sell you as otherwise-defective of a product as they want and you cannot recover damages?

Or to put it another way, there is no notion of "I would have still bought it because I needed it but knowledge of the defect would have lowered its market value"?

1 comments

Interesting point. I don't know if this has ever been tested in court, and I am not a lawyer, especially a consumer law lawyer, but I reckon the court system would probably handle it in some way. The ACL is written to be quite equitable, and courts have generally interpreted it as such.