What causes of action do you have if you were sold a defective product?

September 27, 2022

1) Cause of Action under Breach of Fijian Competition and Consumer Commission Act 2010 (FCCC Act)

Where the product fails to conform to the contract between you and the seller at the time of delivery, you as consumer can assert that the product was “defective” or “not fit for purpose and are entitled to seek remedies under section 112 of the FCCC Act. Consequently, you can bring the defective product back to the seller to request that the product be replaced; repaired or refunded.

Should the seller fail to do so within a reasonable period of time, you can always contact the Council on our toll-free line 155, lodge your complaint on our mobile app, send us an email or send us a message on our various social media platforms (Consumer Council of Fiji).


2) Causes of Action under Breach of Contract

To establish that there has been a breach of contract, you would first have to show that a contract has been formed between you and the seller. A receipt of the purchase would likely suffice in showing the existence of such a contract.

However, it does not matter if you did not receive a receipt. This is because a contract need not necessarily be in writing. An oral agreement between two parties can also constitute a contract. Next, you could assert that an implied term of the contract (as found in section 15 and/or 16 of the Sale of Goods Act 1979) has been breached if:
• The product does not correspond with the description of it (if you were provided a description of the product when it was being offered for sale); and/or
• The product is not of satisfactory quality, considering its description, price, appearance and finish, freedom from minor defects, safety, durability and whether it is fit for use.

Upon establishing a breach of the contract, you can lodge your grievance with the trader to demand for repairs, replacement or refund of the product.

Should the seller fail to do so within a reasonable period of time, you can always contact the Council on our toll-free line 155, lodge your complaint on our mobile app, send us an email or send us a message on our various social media platforms (Consumer Council of Fiji).