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Exam 11: Dealing With Consumers

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Question 1

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Which of the following is not required to be proven to establish that conduct has infringed s 18 of the Australian Consumer Law?

A) That there has been conduct in trade or commerce on the part of the defendant.
B) That the defendant has done a positive act.
C) That the act was misleading or deceptive or likely to mislead or deceive.
D) That the conduct was in trade or commerce.

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Question 2

Multiple Choice

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If a person has engaged in unconscionable conduct under s 21, a court will not apply the provision if the person is:

A) a listed public company.
B) a small private business.
C) a large private business.
D) a medium-sized business.

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A

Question 3

Multiple Choice

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The Queensland Premier tells Queenslanders on television after the Queensland Cultural Centre (QCC) is destroyed during a performance of Benjamin Keller's Opera (in which the phantom reveals himself to be a suicide bomber) that the Cultural Centre can be rebuilt in three months.This comment is untrue.Experts, politicians and lay-people everywhere agree that the Centre cannot conceivably be rebuilt for at least 5 years.Businesses near the QCC suffer economic loss as a result of the Premier's misrepresentation.Has s 18 of the Australian Consumer Law been contravened?

If goods are defective under ACL Part 3-5, which of the following will result?

Which of the following types of legal action would a consumer be least likely to bring in respect of an incident of misleading and deceptive advertising?

Dana runs Very Vintage, a dress shop that advertises itself as a shop that only sells elegant second-hand garments.A customer has discovered that Dana has been selling brand-new clothes imported from China.In breach of ACL s 29 Dana has made a false representation:

Which of the following requirements does not need to be satisfied in order to establish a breach of s 18 of the Australian Consumer law?

Unconscionable conduct is not clearly defined in ss 20 and 21 of the Australian Consumer Law.Section 20 however, provides that unconscionable conduct should be assessed in accordance with the 'unwritten law'.This suggests that unconscionable conduct in general terms means:

ASIC is a statutory body responsible, amongst other things, for:

A business is not prohibited by the ACL from supplying goods:

APP1 to APP10 of the Privacy Act 1988 (Cth) set out the obligations of businesses with respect to the collection of personal and sensitive information.These rules do not provide that:

The Australian Consumer Law is not:

The right to privacy is described in the Universal Declaration of Human Rights as follows: 'No one shall be subject to _____ interference with his privacy, family, home, or correspondence.' What is the missing word?

What made caveat emptor a poor idea on which to base the law regulating consumer transactions in the 20th Century was the fact that true equality of bargaining power between buyers and businesses had become:

Harley Roman Cookware advertises in the newspaper that its portable ovens are on sale for $10 each.The shop only has 3 such ovens in stock.This appears to be an example of:

A business can only use or disclose sensitive information about an individual for the purposes of direct marketing under the Privacy Act 1988 (Cth) if:

A statement of opinion will only be misleading or deceptive under s 18 of the Australian Consumer Law if:

Until the late 20th Century, consumers:

Which of the following is not a means of enforcement of the ACL?

ACL Part 4.1 sets out the penalties associated with various contraventions of the ACL.Many penalties are imposed on a 'strict liability' basis.This means that: