Northern Territory Consolidated Acts

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CONSUMER AFFAIRS AND FAIR TRADING ACT - SECT 61

Interpretation of Division 2

61. Interpretation of Division 2

(1) In this Division:

(a) a reference to the quality of goods includes a reference to the state or condition of the goods;

(b) a reference to a contract does not include a reference to a contract made before the coming into operation of the provision containing the reference;

(c) a reference to antecedent negotiations in relation to a contract for the supply of goods by a person to a consumer is a reference to any negotiations or arrangements conducted or made with the consumer by another person in the course of a business carried on by that other person whereby the consumer was induced to make the contract, or which otherwise promoted the transaction to which the contract relates; and

(d) a reference to the person by whom any antecedent negotiations were conducted is a reference to the person by whom the negotiations or arrangements concerned were conducted or made.

(2) Goods of any kind are of merchantable quality within the meaning of this Division if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all other relevant circumstances.



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