Reference no: EM132911377

Hello can you help me answer this problem scenario question using the IRAC methodThis topic is based on: (Issue, Rules, Application, Conclusion).

Comsumer Law

Answers needs to be supported with relevant statute / case law authority.

Problem scenario question:

During the COVID-19 pandemic, Rod and Sandra Atkins established an online business that they called Australian Outback Adventures Pty Ltd. Their marketing for this business promoted an item referred to as a "Dundee Knife", which they claim is an authentic copy of the Bowie knife used by Mick Dundee in the Crocodile Dundee series of movies starring Paul Hogan. The marketing claims that the knives are exact replicas of the knife created by gunsmith John Bowring for this character. Merchandising for the product includes the memorable line from the movie: "That's not a knife, this is a knife", to show the impressive profile of the weapon, and to further appeal to the fans of the character.

The online advertisement for the Dundee Knife states that the product is identical in every regard to the high quality stainless steel knife used by Mick Dundee in the movie when he is accosted by a group of young thugs in New York City. There is an obvious intention to align the Dundee Knife with this character, with a likeness of that scene from the movie included in the advertisement.

Michell is fascinated by the movie and immediately telephones the order line to purchase one of these iconic knives for himself. He speaks directly with Sandra, who confirms that the price for the item is $700 including postage. As this seems to be a high price for a knife, he questions Sandra, and she confirms that the weapon is manufactured from the highest quality materials by a master tradeperson, and is an exact replica of the knife used in the movie. A leather scabbard to protect the blade is also included in the price. All of these specific details are stated clearly in the online advertisement that prompted Mitchell's initial call.

When the knife arrives the following week, Mitchell is disappointed to find that the knife is of poor quality. The stainless steel blade is tarnished and blunt, the grip is simply unfinished wood without the leather strapping shown in the advertisement, and the leather scabbard is completely missing. Mitchell has also been online on various forum sites in recent days, and is now aware that neither Paul Hogan nor his production team were aware of, or consented to, the use of Mick Dundee's image in the advertising.

Does Mitchell have any cause of action against Australian Outback Adventures Pty Ltd in relation to this matter? Your answer should look at ALL of the provisions of the Australian Consumer Law, not simply the consumer guarantees.