Question 1

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 2

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.

Question 3

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

Accepted Answer

The questi...

Question 4

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 5

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 6

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.

Question 7

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.

Question 8

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 9

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 10

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.

Question 11

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 12

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.

Question 13

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.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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 16

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 17

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.

Question 18

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 19

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.

Question 20

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.

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?

Correct Answer
verified

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

Correct Answer
verified

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?

Correct Answer
verified

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?

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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?

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
Answered by ExamLex AI
The questi...
View Answer

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?

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The questi...
View Answer

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:

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerAnswered by ExamLex AIThe questi...View AnswerShow Answer

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?

Correct AnswerverifiedShow Answer

Correct AnswerAnswered by ExamLex AIThe questi...View AnswerShow Answer

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:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The questi...
View Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The questi...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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