Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32PA

When does a discharge or rescission have effect?

32PA. When does a discharge or rescission have effect?

If a purchaser purports to discharge or rescind a contract of supply of goods,
the purported discharge or rescission has effect only if-

   (a)  the supplier is aware that the purchaser treats the contract as at an
        end, whether by reason of the return of the goods to the supplier or
        by reason of any other information which comes to the knowledge of the
        supplier; or

   (b)  if the purchaser is unable, due to the conduct or omission of the
        supplier, after taking reasonable steps, to inform the supplier or to
        cause the supplier to become aware that the purchaser treats the
        contract as at an end-

   (i)  the purchaser treats the contract as at an end; and

   (ii) by the purchaser's conduct, shows unequivocally that the purchaser
        treats the contract as at an end.