70327: Jewel King Ltd - Commercial Law

Assignment Task :

Commercial Law:

Peter wishes to buy a nice ring for his wife of 20 years. He consults his local jeweller (Jewel King Ltd) and asks for their most expensive diamonds. The salesperson informs Peter that the best diamonds are kept in the back and that he should deal with the manager. The salesperson then goes to the backroom to find the manager, who comes out and introduces himself as James. “Sir, welcome to our store. I am sure we can find something that will meet your needs. Please come this way.” Peter is taken to a small office where the manager pulls out a tray of expensive-looking jewellery. Peter intends to spend $10,000 on a marvellous ring, a small sign of appreciation for his wife seeing him through troubled times of sickness over the years. He explains to James that this needs to be very special and he doesn’t want a gem below 2.5 carats, and the ring has to be ‘pure gold’. James pulls out a ring which retails for $12,500. James tells Peter: “This is a magnificent, authentic, 3-carat diamond, handcrafted from Italy. It is set in a 22-carat gold socket, also Italian” and that “the workmanship is assured for life.” James further explains the ring was manufactured by Roman Holiday Jewel Ltd in Italy, imported by an Australian distributor who in turn supplied it to his jewellery store. Peter haggles the price down to $10,500 but is worried about the size of the stone relative to the size of the band. “Trust me, sir, I have been in the business for many, many years – you will not need to ensure that fine piece of workmanship. If anything goes wrong I’ll replace it myself.” Peter, looking James in the eye, signs the agreement and says, “You’re a good man James, I will come back in another 10 years for an even bigger purchase.” The two laughs and Peter are on his way. Six months later, the diamond has fallen out of its setting. Peter takes the ring back to James, only to find that James has retired and that the store refuses to recognise the lifetime replacement promise. “I wouldn’t have bought the bloody thing if it didn’t come with some form of insurance”, cries Peter, but the store will not listen to him. The ring itself turns out not to be solid gold. The gold ring was in fact plated nickel, which commonly causes contact dermatitis. Peter’ wife suffered serious dermatitis and then a serious infection, which required hospitalisation.

Questions:

1) Does the Australian Consumer Law (ACL) apply and why?

2) What rights do Peter and/or his wife have under the ACL in relation to his purchase of the ring?

3) What remedies are available to Peter and/or his wife under the ACL?  

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