Question 1

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. C

Question 2

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. B

Question 3

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

Accepted Answer

The laws relating to unconscionability have not undermined the certainty of commercial and consumer contracts to a significant extent. Unconscionability is a legal doctrine that allows courts to invalidate contracts that are found to be excessively one-sided or unfair to one party. While this doctrine may introduce some level of uncertainty into contract law, it ultimately serves to protect parties from entering into agreements that are grossly unfair or oppressive.

In commercial contracts, the doctrine of unconscionability provides a safeguard against exploitation and abuse of power by one party over another. It ensures that contracts are entered into fairly and in good faith, promoting a more equitable and just business environment. While there may be some uncertainty in determining what constitutes unconscionability in each specific case, the overall impact on the certainty of commercial contracts is minimal.

Similarly, in consumer contracts, unconscionability laws protect individuals from being taken advantage of by businesses with greater bargaining power. This helps to maintain consumer confidence and trust in the marketplace, ultimately contributing to the overall stability and certainty of consumer transactions.

Overall, while the doctrine of unconscionability may introduce some level of uncertainty into contract law, its primary purpose is to promote fairness and equity in commercial and consumer contracts. As such, the impact on the certainty of these contracts is relatively minimal in comparison to the important protections it provides for parties with less bargaining power.

Question 4

Which of the following is NOT a remedy that may be sought by a person affected by a breach of the Australian Consumer Law?

Accepted Answer

A)  Damages to compensate for loss or damage caused by the breach.
B)  Undertaking to remedy the breach.
C)  Compensation to prevent or reduce loss or damage caused by the breach.
D)  Injunction to stop conduct in breach of the Act.

Question 5

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.

Question 6

Explain the function of the Australian Consumer Law.

Accepted Answer

The answer of Explain the function of the Australian Consumer...

Question 7

Conduct that is misleading and deceptive under s 18 of the Australian Consumer Law can result in both civil and criminal penalties.

Accepted Answer

A) True 
 B)False

Question 8

How does s18 of the Australian Consumer Law define 'conduct'?

Accepted Answer

A)  Statements of opinion that are false or not reasonably held.
B)  Statements that are literally true but that create a false impression.
C)  Broken promises and false predictions.
D)  All of the above.

Question 9

The statutory prohibition of unconscionable conduct in s 21 of the Australian Consumer Law replaces the common law.

Accepted Answer

A) True 
 B)False

Question 10

Advertising a product at special prices only to tell the consumer the product is no longer available or is available but at a higher price is known as bait advertising.

Accepted Answer

A) True 
 B)False

Question 11

In relation to 'conduct' under s 18 of the ACL,Henjo Investments Pty Ltd & Ors v Collins Marrickville Pty Ltd (1988)79 ALR 83 is authority for the principal that:

Accepted Answer

A)  silence can constitute misleading and deceptive conduct where there is a duty to disclose relevant facts.
B)  pre-contractual representations can constitute misleading and deceptive conduct.
C)  an advertisement which compared a competitor's products unfavourably with the advertiser's products can constitute misleading and deceptive conduct.
D)  the act of making a contract containing a false warranty is sufficient to constitute misleading and deceptive conduct.

Question 12

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.

Question 13

Advertising something at a special price and then telling customers that it is unavailable and offering them something else at a higher price is an example of:

Accepted Answer

A)  unsolicited goods.
B)  bait advertising.
C)  pyramid selling.
D)  referral selling.

Question 14

Allegations of a breach of a specific unfair practices section of the Australian Consumer Law will often also involve a breach of the general prohibition in s 18 for misleading and deceptive conduct.

Accepted Answer

A) True 
 B)False

Question 15

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.

Question 16

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.

Question 17

Which of the following statements are true in relation to the liability of manufacturers for defective goods?

Accepted Answer

A)  Manufacturer's liability does not apply to commercial property.
B)  Manufacturer's liability is strict and there is no need to prove fault.
C)  Manufacturer's liability cannot be excluded or modified.
D)  All of the above.

Question 18

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.

Question 19

Which of the following 'consumers' are NOT protected by s 22 of the unconscionability provisions of the Australian Consumer Law?

Accepted Answer

A)  A proprietary company.
B)  A listed public company.
C)  A partnership.
D)  An individual.

Question 20

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.

Exam 17: General and Specific Consumer Protections Under the Acl

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?

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?

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

Which of the following is NOT a remedy that may be sought by a person affected by a breach of the Australian Consumer Law?

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

Explain the function of the Australian Consumer Law.

Conduct that is misleading and deceptive under s 18 of the Australian Consumer Law can result in both civil and criminal penalties.

How does s18 of the Australian Consumer Law define 'conduct'?

The statutory prohibition of unconscionable conduct in s 21 of the Australian Consumer Law replaces the common law.

Advertising a product at special prices only to tell the consumer the product is no longer available or is available but at a higher price is known as bait advertising.

In relation to 'conduct' under s 18 of the ACL,Henjo Investments Pty Ltd & Ors v Collins Marrickville Pty Ltd (1988) 79 ALR 83 is authority for the principal that:

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

Advertising something at a special price and then telling customers that it is unavailable and offering them something else at a higher price is an example of:

Allegations of a breach of a specific unfair practices section of the Australian Consumer Law will often also involve a breach of the general prohibition in s 18 for 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 statements are true in relation to the liability of manufacturers for defective goods?

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

Which of the following 'consumers' are NOT protected by s 22 of the unconscionability provisions of the Australian Consumer Law?

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