Unconscionable conduct May 7.docx

Unconscionable conduct May 7.docx - Unconscionable conduct...

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Unconscionable conduct? Step 1 : Brief introduction. Margaret sues under s21 of the ACL. No person can engage in unconscionable conduct in trade or commerce in relation to the supply of goods . The good here is a cleaning product. Step 2: Why does s21 apply ? Section 21 can apply because: (1) Contract for goods (2) In trade or commerce (3) Margaret is not a publicly listed corporation 上市公司 She has standing 可诉讼 under this section. Step 3: How do we determine unconscionable conduct under s21: Under s21, the P does not need to show the 3 steps of unconscionable conduct under CBA v Amadio .. Unconscionability is judged holistically 综合考量 . The court in Hurley said unconscionable conduct is “ actions showing no regard for conscience” 不考虑良心的行为 Step 4: apply checklist or cases : Margaret can show many features from the checklist that may suggest unconscionable conduct under s22. First, there is “unequal bargaining power”, because of her age and
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  • Margaret, unconscionable conduct, s21 of the ACL

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