Consumer Law

Minor Failure

Also known as: non-major failure, minor problem

In plain English

A small problem that can be fixed. The business gets to choose to repair, replace or refund.

What it means

Under the Australian Consumer Law, when a consumer guarantee is not met but the problem is not a major failure, it is treated as a minor failure. The business may choose how to fix it within a reasonable time, by repairing the goods, replacing them, or giving a refund. The consumer cannot insist on a refund for a minor failure, but if the business takes too long or refuses, the consumer can have the fault fixed elsewhere and recover the cost, or treat the problem as a major failure and reject the goods.

How it's used

A loose button on a new jacket is a minor failure, so the store may simply repair it rather than refund.

Dealing with minor failure in real life?

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