SECTIONS OF THE ACL/EXAM

Question 1

S18(1)

Answer 1

Misleading conduct

Question 2

S20

Answer 2

Unconscionable conduct (price gouging)

Question 3

S21

Answer 3

Unconscionable conduct (price gouging)

Question 4

S52

Answer 4

Deceptive conduct

Question 5

S58

Answer 5

Repair, replace, refund, facilities to do so provided by the company/buisness

Question 6

Price gouging

Answer 6

The act of increasing a products price unnecessarily or unfairly.

Question 7

Misrepresentation

Answer 7

Giving false or misleading information, inducing the other party to enter a contract.

Question 8

Consumer guarantees

Answer 8

• Acceptable quality
• Match discriptions
• Warranties must be honoured
• Ownership/”undisturbed possession”
• Match advertisement
• Provide parts and repair of product

Question 9

Describe the burden of proof and the standard of proof which apply in civil cases?

Answer 9

The burden of proof describes the responsibility placed on the plaintiff within a civil case to prove the defendant liable.

The standard of proof describes the benchmark that evidence presented must meet, which is the balance of probabilities which means evidence must satisfy above 50%.

Question 10

Explain the doctrine of precedent, using case law examples?

Answer 10

The doctrine of precedent is used when statute law is unavailable or not able to be applied to the case at hand, it is previous judgement from similar cases that is able to be applied to ensure a similar outcome for parties envolved, keeping rulings consistent.

An example of a doctrine of precedent is the case of Donoghue v Stevenson which laid out the principles of a contract as well as the neighbour principle.

Question 11

Explain the different forms of alternate dispute resolution?

Answer 11

Facilitative process (mediation): where a dispute resolution practitioner assists the parties to a dispute to identify issues, develop options, consider alternatives and try to reach an agreement.

Advisory process (conciliation): informal, flexible approach to resolving complaints, with outcomes varying. This can include an apology, reinstatement to a job, compensation for lost wages, changes to a policy or putting in place anti-discrimination policies.

Determinative process (arbitration): determinative ruling is provided in the form of an award resembling a court process, but is usually less formal.

Question 12

Describe different methods of resolving disputes in civil proceedings (remedies)

Answer 12

Damages: compensation is awarded to the affected party to return them to their state before the breach of contract occurred.

Specific performance: the breaching party is ordered by the court to complete an obligation of the breached contract accordingly.