First Principles of Business Law

The regulation of undesirable business practices

5. Protection against unfair business practices

5.9 Pyramid schemes and referral selling

 

 

 

A is thinking of purchasing a new refrigerator from B for $2,500. B tells A that if he buys the fridge, B will give five 'opportunity coupons' to A. B tells A that he should give these coupons to five of his friends. If any of these friends should use their coupon to buy goods worth at least $2000 from B within six weeks of the date on the coupon, they will themselves receive five opportunity coupons, and A will be entitled to a refund of 10% of the price he has paid for his fridge, up to a maximum of 50%. A thinks this is a very fair deal and agrees to buy the fridge on these terms.

Click here to see section 44.   Click here to see section 45.   Click here to see section 49.

(a) This is a pyramid scheme and is prohibited by the ACL. B would be liable to pay a pecuniary penalty for setting up and running the scheme, but A who is only a participant is not liable to pay a penalty.

(b) This is a pyramid scheme and is prohibited by the ACL. Both A and B would be liable to pay a pecuniary penalty for participating in the scheme.

(c) This is not in fact a pyramid scheme and is therefore not prohibited by the ACL. Neither A nor B would be liable to pay a pecuniary penalty for what they are doing.

 

 

 

 

 

Page 1 2 3 4 5 6 7 8 9 10 11 12
Go to the next topic Go to the previous topic Go to the list of topics Choose another module