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Clear writing

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Study the two samples of student writing below.

  1. The first breach of the implied term of merchantable quality under section 71(1) of the Trade Practices Act, which states that when a good is fit for the purpose it is reasonable to expect that the good will be fit for the purpose, it is to be used for, seems to have occurred. As was the decision in the case H Beecham and Co Pty Ltd v Francis Howard and Co Pty Ltd [1921] VLR 428, as the photocopier was not fit for the purpose that Patricia bought it for having regard to the price and other circumstances and because Patricia was not aware of the defect prior to sale and any inspection made by Patricia would not have revealed the defect, the photocopier does not seem to have been of merchantable quality.
  2. The first implied term that has been breached is the term of merchantable quality under section 71(1) of the Trade Practices Act. Merchantable quality is when a good is fit for the purpose it is reasonable to expect the good will is used for. The photocopier that Patricia bought is not of merchantable quality as the goods are not fit for the purpose that it is reasonable to expect having regard to price and other circumstances (H Beecham and Co Pty Ltd v Francis Howard and Co Pty Ltd [1921] VLR 428). Also Patricia was not aware of the defect prior to sale and any inspection made by Patricia would not have revealed the defect. The term of merchantable quality has clearly been breached.

Select the one where you think the writer's meaning is clear and easy to follow.

Check your answer

If you answered that Example B is clearer than Example A, you are correct.

Because:

Example A uses very long sentences, with too much information packed into them. There are only two sentences in this whole passage.

Example B is clearer. It uses four sentences to express the same information.

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