Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32JA

Fitness of services for purpose

32JA. Fitness of services for purpose



(1) If, in a contract of supply of services by a person who supplies the
services in the course of a business (other than services of a professional
nature provided by a qualified architect or engineer), the purchaser expressly
or by implication-

   (a)  makes known to the supplier; or





   (b)  in the course of any antecedent negotiations, makes known to a dealer
        or to a person acting on behalf of the supplier-

the particular purpose for which the services are required or the result that
the purchaser desires the services to achieve, there is an implied condition
that the services are reasonably fit for that purpose or are such as might
reasonably be expected to achieve that result.

(2) Subsection (1) does not apply if the circumstances show that the purchaser
does not rely, or that it is unreasonable for the purchaser to rely, on the
skill or judgment of the supplier, dealer or other person.