Question 1

Which of the following is a defence to an action for manufacturers liability for defective goods?

Accepted Answer

A)  The defect did not exist at the time the goods left the manufacturer. 
B)  The injured person had not read the instructions carefully enough. 
C)  The goods were not intended to be dangerous. 
D)  Any of the above. 
A)  The defect did not exist at the time the goods left the manufacturer. 
B)  The injured person had not read the instructions carefully enough. 
C)  The goods were not intended to be dangerous. 
D)  Any of the above.

Question 2

Section 29(1) of the Australian Consumer Law prohibits false representations regarding services relating to:

Accepted Answer

A)  The price of the service. 
B)  The standard, quality, value or grade of the service. 
C)  The buyer's need for the service. 
D)  All of the above. 
A)  The price of the service. 
B)  The standard, quality, value or grade of the service. 
C)  The buyer's need for the service. 
D)  All of the above.

Question 3

Manufacturer's liability for breach of the consumer guarantees extends to importers where there is no manufacturer in Australia.

Accepted Answer

A) True 
 B)False

Question 4

In order to establish misleading and deceptive conduct in breach of s 18 of the Australian Consumer Law, 3 out of the 4 following elements must be satisfied. Which answer option is NOT a necessary element for establishing misleading and deceptive conduct?

Accepted Answer

A)  The conduct must be misleading or deceptive or likely to mislead or deceive. 
B)  The conduct must have been by a person. 
C)  The conduct must have been intended to mislead or deceive. 
D)  The conduct must be in trade or commerce. 
A)  The conduct must be misleading or deceptive or likely to mislead or deceive. 
B)  The conduct must have been by a person. 
C)  The conduct must have been intended to mislead or deceive. 
D)  The conduct must be in trade or commerce.

Question 5

Why was the conduct found not to be misleading and deceptive in McWilliam's Wines Pty Ltd v McDonald's System of Australia Pty Ltd [1980] ATPR 40-188?

Accepted Answer

A)  The target audience of the conduct would not be misled into thinking there was a connection between the two products. 
B)  The conduct was found to be misleading and deceptive. 
C)  Merely causing consumers to wonder if the product is made by the same manufacturer is not sufficient. 
D)  The products were clearly labelled so there was nothing more the manufacturer could do. 
A)  The target audience of the conduct would not be misled into thinking there was a connection between the two products. 
B)  The conduct was found to be misleading and deceptive. 
C)  Merely causing consumers to wonder if the product is made by the same manufacturer is not sufficient. 
D)  The products were clearly labelled so there was nothing more the manufacturer could do.

Question 6

You have booked a holiday home through Accommodation Noosa Pty Ltd twelve months in advance. However, when you arrive at the Accommodation Noosa office to pick up the key, you are told that there has been an unfortunate double booking error, and the holiday home you had booked is no longer available. Accommodation Noosa offers you an alternative holiday home, but it is not as appealing as your original choice. Can you use s 18 of the Australian Consumer Law to bring an action against Accommodation Noosa?

Accepted Answer

The questi

Question 7

Which of the following is NOT covered by the Australian Consumer Law?

Accepted Answer

A)  Unfair practices in relation to the provision of goods and services to small businesses. 
B)  Unfair practices in relation to the provision of financial services to consumers. 
C)  Unfair practices in relation to land transactions. 
D)  Unfair practices in relation to the provision of goods and services to consumers. 
A)  Unfair practices in relation to the provision of goods and services to small businesses. 
B)  Unfair practices in relation to the provision of financial services to consumers. 
C)  Unfair practices in relation to land transactions. 
D)  Unfair practices in relation to the provision of goods and services to consumers.

Question 8

Which of the following is NOT a power available to a regulator to enforce the Australian Consumer Law?

Accepted Answer

A)  Adverse publicity order. 
B)  Injunction. 
C)  Compensation order. 
D)  Non-punitive order. 
A)  Adverse publicity order. 
B)  Injunction. 
C)  Compensation order. 
D)  Non-punitive order.

Question 9

Why was the conduct found to be misleading and deceptive in Pacific Dunlop v Hogan (1989) 23 FCR 553?

Accepted Answer

A)  The use of the name might cause confusion in the minds of some consumers. 
B)  The conduct created the false impression that a commercial relationship existed between the parties. 
C)  The conduct was not found to be misleading and deceptive. 
D)  The misconception was caused by use of an existing name which already had a well established reputation. 
A)  The use of the name might cause confusion in the minds of some consumers. 
B)  The conduct created the false impression that a commercial relationship existed between the parties. 
C)  The conduct was not found to be misleading and deceptive. 
D)  The misconception was caused by use of an existing name which already had a well established reputation.

Question 10

A consumer can take action against both the retailer and the manufacturer for breach of the consumer guarantees.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following does NOT need to be established in order for a manufacturer to be liable for defective goods?

Accepted Answer

A)  A person is injured. 
B)  The goods have a safety defect. 
C)  The injury was foreseeable. 
D)  The manufacturer supplies goods in trade or commerce. 
A)  A person is injured. 
B)  The goods have a safety defect. 
C)  The injury was foreseeable. 
D)  The manufacturer supplies goods in trade or commerce.

Question 12

Accepting payment without intending to supply is not an offence under the ACL but rather an offence under the Crimes Act 1901.

Accepted Answer

A) True 
 B)False

Question 13

Section 29(1) of the Australian Consumer Law prohibits false representations regarding goods relating to:

Accepted Answer

A)  Whether the goods are new. 
B)  The standard or quality of the goods. 
C)  The price of the goods. 
D)  All of the above. 
A)  Whether the goods are new. 
B)  The standard or quality of the goods. 
C)  The price of the goods. 
D)  All of the above.

Question 14

In Nationwide News Pty Ltd v ACCC [1997] ATPR 41-543 an advertisement offering a 'free mobile for every reader' was found to be a false or misleading representation because:

Accepted Answer

A)  The advertisement contained conditions which required readers to enter into a service contract at a substantial cost. 
B)  The conditions were in smaller print than the offer itself and therefore less likely to be noticed. 
C)  In fact the offer of the mobile was not free. 
D)  All of the above. 
A)  The advertisement contained conditions which required readers to enter into a service contract at a substantial cost. 
B)  The conditions were in smaller print than the offer itself and therefore less likely to be noticed. 
C)  In fact the offer of the mobile was not free. 
D)  All of the above.

Question 15

In which case did the court set out the guidelines for determining if conduct is misleading or deceptive within the meaning of s 18 of the Australian Consumer Law?

Accepted Answer

A)  McDonald's System of Australia Pty Ltd v McWilliams Wines Pty Ltd (1980) 33 ALR 394. 
B)  Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191. 
C)  Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) ATPR 40-303. 
D)  Pacific Dunlop v Hogan (1989) 23 FCR 553. 
A)  McDonald's System of Australia Pty Ltd v McWilliams Wines Pty Ltd (1980) 33 ALR 394. 
B)  Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191. 
C)  Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) ATPR 40-303. 
D)  Pacific Dunlop v Hogan (1989) 23 FCR 553.

Question 16

Under the Australian Consumer Law definition, a 'consumer' is not:

Accepted Answer

A)  Someone who acquires a commercial road vehicle valued at less than $40,000. 
B)  Someone who acquires goods or services valued at less than $40,000. 
C)  Someone who acquires goods or services of a kind ordinarily acquired for personal, domestic or household use (of any value). 
D)  Someone who acquires goods for resupply, or for use or transformation in trade or commerce. 
A)  Someone who acquires a commercial road vehicle valued at less than $40,000. 
B)  Someone who acquires goods or services valued at less than $40,000. 
C)  Someone who acquires goods or services of a kind ordinarily acquired for personal, domestic or household use (of any value). 
D)  Someone who acquires goods for resupply, or for use or transformation in trade or commerce.

Question 17

To what extent have the laws relating to unconscionability undermined the certainty of commercial and consumer contracts?

Accepted Answer

The questi

Question 18

The Australian Consumer Law prohibits unconscionability in business as well as consumer transactions.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is NOT one of the guidelines for determining if conduct is misleading and deceptive within the meaning of s 18 of the Australian Consumer Law?

Accepted Answer

A)  Decide whether the conduct was capable of misleading or deceiving the relevant section of the public. 
B)  Establish that at least half of the relevant section of the public would have been misled or deceived by the conduct of the defendant. 
C)  Identify the relevant section of the public targeted by the conduct of the defendant. 
D)  Decide whether the conduct of the defendant caused the misconception. 
A)  Decide whether the conduct was capable of misleading or deceiving the relevant section of the public. 
B)  Establish that at least half of the relevant section of the public would have been misled or deceived by the conduct of the defendant. 
C)  Identify the relevant section of the public targeted by the conduct of the defendant. 
D)  Decide whether the conduct of the defendant caused the misconception.

Question 20

Section 50 of the Australian Consumer Law prohibits a corporation from:

Accepted Answer

A)  Making false representations in relation to employment. 
B)  Dispatching unsolicited credit cards unless requested in writing. 
C)  Offering gifts or prizes when it does not intend to provide them. 
D)  Using physical force at a place of residence in connection with the supply of goods or services. 
A)  Making false representations in relation to employment. 
B)  Dispatching unsolicited credit cards unless requested in writing. 
C)  Offering gifts or prizes when it does not intend to provide them. 
D)  Using physical force at a place of residence in connection with the supply of goods or services.

Exam 18: General and Specific Consumer Protections Under the Acl

Which of the following is a defence to an action for manufacturers liability for defective goods?

Section 29(1) of the Australian Consumer Law prohibits false representations regarding services relating to:

Manufacturer's liability for breach of the consumer guarantees extends to importers where there is no manufacturer in Australia.

In order to establish misleading and deceptive conduct in breach of s 18 of the Australian Consumer Law, 3 out of the 4 following elements must be satisfied. Which answer option is NOT a necessary element for establishing misleading and deceptive conduct?

Why was the conduct found not to be misleading and deceptive in McWilliam's Wines Pty Ltd v McDonald's System of Australia Pty Ltd [1980] ATPR 40-188?

Which of the following is NOT covered by the Australian Consumer Law?

Which of the following is NOT a power available to a regulator to enforce the Australian Consumer Law?

Why was the conduct found to be misleading and deceptive in Pacific Dunlop v Hogan (1989) 23 FCR 553?

A consumer can take action against both the retailer and the manufacturer for breach of the consumer guarantees.

Which of the following does NOT need to be established in order for a manufacturer to be liable for defective goods?

Accepting payment without intending to supply is not an offence under the ACL but rather an offence under the Crimes Act 1901.

Section 29(1) of the Australian Consumer Law prohibits false representations regarding goods relating to:

In Nationwide News Pty Ltd v ACCC [1997] ATPR 41-543 an advertisement offering a 'free mobile for every reader' was found to be a false or misleading representation because:

In which case did the court set out the guidelines for determining if conduct is misleading or deceptive within the meaning of s 18 of the Australian Consumer Law?

Under the Australian Consumer Law definition, a 'consumer' is not:

To what extent have the laws relating to unconscionability undermined the certainty of commercial and consumer contracts?

The Australian Consumer Law prohibits unconscionability in business as well as consumer transactions.

Which of the following is NOT one of the guidelines for determining if conduct is misleading and deceptive within the meaning of s 18 of the Australian Consumer Law?

Section 50 of the Australian Consumer Law prohibits a corporation from:

Legal Foundations

Origins of Australian Law

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

Statutory Consumer Guarantees and the Australian Consumer Law

Agency

Introduction to Companies and Incorporated Associations

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goods

Electronic commerce

Property and mortgages

Intellectual propert

Ethics and business practice

Criminal law in a business context

Restrictive trade practices

Negotiable instruments

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Consumer Credit and Privacy

Ethics and Regulations in Marketing and Advertising

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