Commentary

199.1 Circumstances when right to repair or compensation will arise

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

199.1 Circumstances when right to repair or compensation will arise

| Commentary

199 Remedy available where digital content causes damage to other digital content or to a device

199.1 Circumstances when right to repair or compensation will arise1

A consumer will have a right of repair or compensation where:

  1. 199.1.1

        a trader supplies digital content to a consumer under a contract;

  2. 199.1.2

        the digital content causes damage to other digital content or to a device;

  3. 199.1.3

        the other digital content or device must belong to the consumer; and

  4. 199.1.4

        the damage is not of the kind that would occur if the trader had exercised reasonable care and skill2.

Where

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