anyone here do law?

[ill-matic]

hi.

let's say i have a product which i advertise for sale. someone buys this product from me, but it fails to do what it was supposed to do. it turns out, that this product doesnt even meet regulations, but the person who made and sold the product didnt know this. can the person who bought the product still sue, or is the contract considered void because the product was "illegal".

thanks.

 

[Bobby Sands]

id imagine that the contract should be considered void.

 

[Preach]

let's hope Amara still lurks

 

[vg4030]

Wouldnt the whole point of suing be because the product was illegal?
If someone makes and advertises something that it doesnt do, regardless on if they knew or not, I would consider it false advertising and get my money back.. you probably could sue but that sounds like more of an American thing to do

 

[Bobby Sands]

what kind of product is it?

it is the responsibility of the manufacturer to ensure that the product conforms to standards and is as described. you could seek redress from the manufacturer i would imagine.

 

[Preach]

was it advertised for sale in like a used shit ad, or like an actual pamphlet/commercial ad?

a way to turn the question on its head is to ask, in the original agreement between buyer/seller, was it implied that the seller insured the product would do what was advertised? was it even a commercial sale? or was it a private one? (assuming former based on your question)

some more information about the situation would help. i have *some* experience with norwegian law when it comes sales/market. maybe it's applicable.

 

[masta247]

I don't know about Australian law but here the manufacturer would be guilty. Reselller is only a middle man and in worst cases he only loses money.

 

[_carmi]

the manufacturer could be sued as far as i know.

 

[S O F I]

sue who?

The manufacturer, for sure.

You who advertised - I think you'd certainly have some level of culpability but I mean this shit depends.

 

[S. Fourteen]

I will have to watch a few episodes of Matlock and get back to you on this one.

 

[Caesar]

Denny Crane!