Rebecca's $4K Toyota Corolla Defects: Write ILAC Solution

Instructions for Part 1: The lecturer and workshop tutor will walk you through this ILAC. This is a demonstration on how to construct an ILAC. Make sure you attend lectures and workshops. Your job is to write down the Law, Application, and Conclusion sections in good English.

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Scenario: Rebecca bought a Toyota Corolla from Fred's car dealership for $4,000. Rebecca soon discovers that the car contains several defects. The engine overheats and the brakes do not work effectively. Rebecca is dissatisfied with her purchase and plans to return the car when she has time.

One day, as Rebecca arrives home, she tries to brake the car before opening her gate. The brakes fail, resulting in Rebecca knocking down her gate and crushing it. The car itself is damaged beyond repair.

Rebecca calls Fred, who tells her that there was a sign at his dealership: "No refunds".

Rebecca is not familiar with the provisions of the Consumer Guarantees Act 1993. She comes to you for advice. She is particularly worried about whether she has any basis for any claim against Fed. She wonders whether her inability to return the car will impact on her claim and whether the notice in Fred's premises excludes her from any remedies. Furthermore, she wants to know whether she can claim for her damaged gate.

Issue (4 marks: freely given to you)

Does Rebecca have the legal rights to a remedy?

In the described scenario, Rebecca has the legal right to remedy the faulty Toyota Corolla car that she had purchased from Fred. Rebecca noted that the brakes of the car were faulty on the same day she bought the car. Therefore, one day is not a reasonable time to expect the car to develop mechanical challenges. There is a high probability that Fred sold the car to Rebecca cognizant of the fact that the car was faulty, and therefore, Rebecca has a legal right to demand a refund. However, Fred still has a chance to offer store credit or exchange instead of refunding the 4000 US dollars that Rebecca had bought the car at.

Law (16 marks)

(The text box will expand as you start typing.)

Under the Consumer Guarantees Act, Rebecca has the right to redress as well as the right to information. Therefore, under the Act, Fred was required to provide all the information about the car. For instance, Fred ought to have disclosed to Rebecca that the car had a faulty brakes system. The Act provides various basic rights to consumers such as the right to safety, redress, and information, the right to the satisfaction of basic needs as well as the right to consumer education.

Application (16 marks)

The Act provides for the right to redress, thus justifying Rebecca's case on why the car should be refunded. The Act, therefore, excludes the caption "No refunds" on Fred's garage. In addition, Rebecca has the legal right to seek remedy for her damaged gate since it was as a result of the faulty car that Fred was aware of. The Consumer Guarantees Act (CGA) was formulated to protect consumers by allowing them to seek replacements, refunds, as well as repairs when goods that they purchase are faulty. The Act sets a minimum guarantee for all products and services provided by sellers.

Conclusion (4 marks)

The consumer guarantees Act 1993 provides guidelines that help to protect consumers from sellers who sell faulty goods willingly or unwillingly. The Act provides basic rights such as the right to information and redress. Therefore, in the described scenario, Rebecca has the right to seek remedy from Fred for the faulty vehicle as well as the damaged car.

4 marks for language (including grammar and vocabulary)

4 marks for written communication and referencing

Suggested word count: 300