1 (b). You said that this agreement is not an unsolicited consumer agreement.

That's wrong. This agreement is an unsolicited consumer agreement because:

• It involves the supply of either goods or services to a consumer by a dealer. A dealer is a person who enters into negotiations with a consumer with a view to making an agreement for the supply of goods or services, even if they are not the actual supplier.
• The negotiations were conducted either by telephone, or at a place that was not the supplier's place of business.
• The consumer did not invite the dealer to visit them for the purposes of supplying the goods or services in question.
• The total price to be paid by the consumer under the agreement is either more than $100; or cannot be ascertained at the time the transaction was entered into.

These elements are laid down in s 69 of the ACL. They are all satisfied on the facts given in the example.

In particular, Bob qualifies as a 'dealer' because he is a person who enters into negotiations with a consumer with a view to making an agreement for the supply of goods or services, even if he is not himself the actual supplier.