Question 1

The Australian Consumer Law applies to all consumer transactions involving a sale of goods but not goods on exchange or lease.

Accepted Answer

A) True 
 B)False  False

Question 2

What are the implied guarantees that must be included in every agreement by a manufacturer to supply goods to a consumer?

Accepted Answer

The implied guarantees of correspondence with description,fitness for a disclosed purpose,acceptable quality and correspondence with sample apply to manufacturers in addition to sellers under the Australian Consumer Law.
Liability of the manufacturer may extend beyond the original consumer who first acquired the goods from the seller to persons who subsequently derive title to them through a
consumer - for example,by way of a gift or a second-hand purchase.
There is no liability for the manufacturer in relation to supply by sample if the manufacturer doesn't supply the sample or doesn't agree to a sample being offered.
The manufacturer may escape liability if the failure arose after the goods left their control.

Question 3

If a vendor sells goods by description to a consumer,the vendor impliedly guarantees that the goods will correspond with the description given.

Accepted Answer

A) True 
 B)False  True

Question 4

The Australian Consumer Law replaces the Sale of Goods Acts in all states and territories.

Accepted Answer

A) True 
 B)False

Question 5

For the Australian Consumer Law to apply,there must be a supply of goods or services to a consumer,by a supplier or manufacturer,in trade or commerce.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is NOT a consumer guarantee applying to goods under the Australian Consumer Law?

Accepted Answer

A) The consumer will obtain the same title that the supplier has. 
B) The goods are free of any charge or encumbrance. 
C) The supplier has the right to dispose of the goods. 
D) The consumer shall have undisturbed possession of the goods. 
A) The consumer will obtain the same title that the supplier has. 
B) The goods are free of any charge or encumbrance. 
C) The supplier has the right to dispose of the goods. 
D) The consumer shall have undisturbed possession of the goods.

Question 7

Do you consider that the remedies now available to consumers under the Australian Consumer Law are adequate?

Accepted Answer

The adequacy of remedies available to co

Question 8

Under the ACL,a consumer has the option to sue both the immediate supplier and the manufacturer for breach of contract involving a defective product.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is NOT a consumer guarantee in relation to the supply of services to a consumer?

Accepted Answer

A) The services will be supplied within a reasonable time. 
B) The services will be of acceptable quality. 
C) The services will be rendered with due care and skill. 
D) The services will be reasonably fit for any disclosed purpose for which they are supplied. 
A) The services will be supplied within a reasonable time. 
B) The services will be of acceptable quality. 
C) The services will be rendered with due care and skill. 
D) The services will be reasonably fit for any disclosed purpose for which they are supplied.

Question 10

The legal obligation to ensure that spare parts and repair facilities are reasonably available to consumers applies to both suppliers and manufacturers.

Accepted Answer

A) True 
 B)False

Question 11

Why was claim for damages caused by contaminated mink food unsuccessful in the case of: Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441?

Accepted Answer

A) The food had been made to the plaintiff's specifications. 
B) The food still conformed to its description in spite of the contamination. 
C) The defendant's were not responsible for the contamination. 
D) None of the above. 
A) The food had been made to the plaintiff's specifications. 
B) The food still conformed to its description in spite of the contamination. 
C) The defendant's were not responsible for the contamination. 
D) None of the above.

Question 12

In Grant v Australian Knitting Mills [1936] AC 85,why was Grant entitled to sue the retailer under Sale of Goods legislation?

Accepted Answer

Where goods have only one purpose,the de

Question 13

Under the Australian Consumer Law goods supplied to a consumer in trade or commerce must be:

Accepted Answer

A) correspond with any description or sample. 
B) of acceptable quality. 
C) fit for any disclosed purpose. 
D) all of the above. 
A) correspond with any description or sample. 
B) of acceptable quality. 
C) fit for any disclosed purpose. 
D) all of the above.

Question 14

In some cases the liability of a manufacturer for breach of the consumer guarantees extends beyond the original consumer.

Accepted Answer

A) True 
 B)False

Question 15

The guarantee of fitness for purpose applies regardless of anything that happens after the goods are sold.

Accepted Answer

A) True 
 B)False

Question 16

If the supplier of goods fails to comply with a consumer guarantee which is not a major failure,a consumer may:

Accepted Answer

A) require the supplier to remedy the failure. 
B) immediately reject the goods. 
C) seek compensation. 
D) immediately have the failure remedied elsewhere. 
A) require the supplier to remedy the failure. 
B) immediately reject the goods. 
C) seek compensation. 
D) immediately have the failure remedied elsewhere.

Question 17

Which of the following factors have to be taken into account in determining 'acceptability'?

Accepted Answer

A) Whether the purpose for the goods had been made known to the seller. 
B) Price. 
C) The description applied to the goods. 
D) All of the above. 
A) Whether the purpose for the goods had been made known to the seller. 
B) Price. 
C) The description applied to the goods. 
D) All of the above.

Question 18

Which of the following will NOT protect a manufacturer from liability for a breach of the consumer guarantee of fitness for purpose?

Accepted Answer

A) If the consumer did not rely on the skill or judgment of the manufacturer. 
B) If it was caused by something outside human control after it left the manufacturer. 
C) If it was cause by something outside human control during manufacture. 
D) If it was caused by someone else. 
A) If the consumer did not rely on the skill or judgment of the manufacturer. 
B) If it was caused by something outside human control after it left the manufacturer. 
C) If it was cause by something outside human control during manufacture. 
D) If it was caused by someone else.

Question 19

Section 64 of the Australian Consumer Law prevents a consumer from agreeing to exclude,restrict or modify their consumer guarantee rights in any way.

Accepted Answer

A) True 
 B)False

Question 20

Why was the plaintiff unsuccessful in the case of: Southern Cross Homes (Broken Hill)Inc v Chapman (1999)SASC 491?

Accepted Answer

A) The goods were not fit for the purpose but were made to the consumer's specifications. 
B) The goods were made to the consumer's specifications. 
C) The goods were fit for the purpose but not made to the consumer's specifications. 
D) The goods were not fit for the purpose specified. 
A) The goods were not fit for the purpose but were made to the consumer's specifications. 
B) The goods were made to the consumer's specifications. 
C) The goods were fit for the purpose but not made to the consumer's specifications. 
D) The goods were not fit for the purpose specified.

Exam 16: Statutory Consumer Guarantees and the Australian Consumer Law

The Australian Consumer Law applies to all consumer transactions involving a sale of goods but not goods on exchange or lease.

What are the implied guarantees that must be included in every agreement by a manufacturer to supply goods to a consumer?

If a vendor sells goods by description to a consumer,the vendor impliedly guarantees that the goods will correspond with the description given.

The Australian Consumer Law replaces the Sale of Goods Acts in all states and territories.

For the Australian Consumer Law to apply,there must be a supply of goods or services to a consumer,by a supplier or manufacturer,in trade or commerce.

Which of the following is NOT a consumer guarantee applying to goods under the Australian Consumer Law?

Do you consider that the remedies now available to consumers under the Australian Consumer Law are adequate?

Under the ACL,a consumer has the option to sue both the immediate supplier and the manufacturer for breach of contract involving a defective product.

Which of the following is NOT a consumer guarantee in relation to the supply of services to a consumer?

The legal obligation to ensure that spare parts and repair facilities are reasonably available to consumers applies to both suppliers and manufacturers.

Why was claim for damages caused by contaminated mink food unsuccessful in the case of: Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441?

In Grant v Australian Knitting Mills [1936] AC 85,why was Grant entitled to sue the retailer under Sale of Goods legislation?

Under the Australian Consumer Law goods supplied to a consumer in trade or commerce must be:

In some cases the liability of a manufacturer for breach of the consumer guarantees extends beyond the original consumer.

The guarantee of fitness for purpose applies regardless of anything that happens after the goods are sold.

If the supplier of goods fails to comply with a consumer guarantee which is not a major failure,a consumer may:

Which of the following factors have to be taken into account in determining 'acceptability'?

Which of the following will NOT protect a manufacturer from liability for a breach of the consumer guarantee of fitness for purpose?

Section 64 of the Australian Consumer Law prevents a consumer from agreeing to exclude,restrict or modify their consumer guarantee rights in any way.

Why was the plaintiff unsuccessful in the case of: Southern Cross Homes (Broken Hill)Inc v Chapman (1999)SASC 491?

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

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