Lecture 5 BFA601 Semester 1 2018.pptx

Misleading conduct in contract law whether any undue

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Misleading conduct in contract law Whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the consumer or a person acting on behalf of the consumer by the supplier or a person acting on behalf of the supplier in relation to the supply or possible supply of the goods or services; and The amount for which, and the circumstances under which, the consumer could have acquired identical or equivalent goods or services from a person other than the supplier. Determining whether unconscionability has occurred under the ACL (5.76) Determining whether unconscionability has occurred under the ACL (5.76)
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Misleading conduct in contract law Misleading conduct in contract law ACCC v Lux Pty Ltd George T Collings (Aust) Pty Ltd v H F Stevenson Section 22 provides two non-exhaustive lists of types of conduct that may be unconscionable in the context of a business’ dealings with other businesses, either as a customer or a supplier to those businesses. Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd Consider (5.76) Consider (5.76)
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Misleading conduct in contract law Misleading conduct in contract law S 22(1) Unconscionable conduct in business transactions (1) A person must not, in trade or commerce, in connection with: (a) the supply or possible supply of goods or services to another person (other than a listed public company); or Unconscionability: Business to business (5.77) Unconscionability: Business to business (5.77)
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Misleading conduct in contract law Misleading conduct in contract law (b) the acquisition or possible acquisition of goods or services from another person (other than a listed public company); engage in conduct that is, in all the circumstances, unconscionable. Note under s 22(1) there is a list of considerations as to whether unconscionability has occurred, eg the relative strengths of the parties Unconscionability: Business to business (5.27) Unconscionability: Business to business (5.27)
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Misleading conduct in contract law Misleading conduct in contract law Contracts Review Act 1980 (NSW) The ACL introduces an unfair terms regime: Chapter 2 Pt 2-3. Under s23 unfair contract terms are defined: Unfair contract terms (5.78) Unfair contract terms (5.78)
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Misleading conduct in contract law Misleading conduct in contract law (1) A term of a consumer contract is void if: (a) the term is unfair; and (b) the contract is a standard form contract. (2) The contract continues to bind the parties if it is capable of operating without the unfair term (3) A consumer contract is a contract for: (a) a supply of goods or services; or (b) a sale or grant of an interest in land; to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption.
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