Sorting out the problem with the other party
This can be an effective approach, and does not involve the time and expense of going to court. As soon as a problem arises, you should contact the other party. If the problem involves goods bought from a trader, as soon as you discover the problem you should avoid using the goods and contact the trader.
The complaint should be made to someone in a position of authority in the trader's business. Where there is a reasonable basis for complaint, most reputable traders will immediately give a refund, exchange the goods or repair a defect. However, if the trader does not respond to the complaint, Consumer and Business Services may be able to assist with negotiations.
See also: Consumer remedies.
If you cannot sort out the complaint by negotiation, depending on the situation, you will have to consider whether to refuse to carry out your side of the contract and risk being sued by the other party or, in the opposite situation, whether you wish to sue. There is a risk in not performing your obligations under the contract, as, if you are not justified in your belief that the other party is in breach, they may succeed in suing you. Before refusing to carry out the terms of the contract, it is advisable to obtain legal advice.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.