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Australian Consumer Law Questions

What is the meaning or definition of the word FAILURE in accordance with the law in particular the ACL?

Failure is used 80 times in the ACL.

The following sections don’t qualify its use and are used as nouns:

 32(3)(b) “avoid the failure” assume it refers to (a) above,” failure to provide the rebate”

 36(5)(b) “avoid the failure” assume it refers to (a) above,” failure to supply all the goods or    services within the period”

154(3)(b) “avoid the failure” assume it refers to (a) above,” failure to provide the rebate, ”

158(8)(b) “avoid the failure” assume it refers to (a) above,” failure to supply all the goods or services within the period”

259(2)(a)”remedy the failure”, 259(2)(b)(i)” have the failure remedied “, ”having the failure so remedied” assume they refer to 259(2)” the failure to comply with the guarantee”.

259(4) “such a failure” refers to the prior use of failure just above in same paragraph “the failure to comply with the guarantee”

260 “major failure” refers to a “failure to comply with a guarantee”

260(a) refers to “the extent of the failure” assume it refers to the above paragraph “A failure to comply with a guarantee”

261(a) “failure relates to title” assume it refers to the above paragraph “A failure to comply with a guarantee”

261(b) “failure does not relate to title” assume it refers to the above paragraph “A failure to comply with a guarantee”

262(2)(d) “such a failure” assume it refers to (2) above, “failure to comply with a guarantee”

267(2)(a) “remedy the failure” assume it refers to (2) above, “failure to comply with a guarantee”

267(2)(b)(i) “have the failure remedied” “, ”having the failure so remedied” assume they refer to 267(2)” the failure to comply with the guarantee”.

267(4) “such a failure” refers to the prior use of failure just above in same paragraph “the failure to comply with the guarantee”

268 Same as 260 above.

268(a) Same as 260(a) above.

271(6)” remedy the failure, or has failed to remedy the failure within a reasonable time” would refer to the previous use of failure above it. “a failure to comply with a guarantee”

272(1)(b)” as a result of such a failure.” Refers to “failure to comply with the guarantee” previous in the same sentence.

274(2)(b) qualifies its use in (i),(ii) and (iii) below it.

 So whenever “failure” is used on its own as a noun, it refers to the use of “failure” in the higher order paragraph where it is used as a verb that is qualified.

 Failure Definitions:

1.       A lack of success
“A failure to pass an examination.” “A failure to meet a deadline.”

2.       The neglect or omission of expected or required action.
“His failure to attend the meeting”, "the failure to comply with the Consumer Guaranties"

3.       The action or state of not functioning.
“Heart Failure”, Power Failure”, “Business Failure”, “Computer Failure”

There are no degrees of failure, it is a failure or it isn’t a failure.

 The ACL never uses “failure” as a fault with the goods or a defect with the goods.

 The ACL only has these uses,” failure to provide the rebate” ,” failure to supply all the goods or services within the period”, “A failure to comply with a guarantee”, “failure of consideration”, “repeated failures by the access seeker to comply with the terms and conditions”, “failure to comply with notices”, “failure to answer questions”, “failure to produce documents”