First Principles of Business Law

The regulation of undesirable business practices

3.1. Protection against unconscionable conduct

3.3. Unconscionable conduct in breach of s 21 of the ACL

 

 

 

A wants a new television. He goes to Betta TeeVees Pty Ltd where he sees several different models. When the salesman sees that A is undecided about making a purchase, he tells A that there is a special offer on a digital TV. He says that normally the TV costs $5000 but that A can have it for $4,000 if he agrees to buy it immediately. A, thinking this is a bargain, checks the main information in the standard contract presented to him, but does not read all the small print, of which there is a great deal. He then signs the agreement. Later, A discovers that the same model TV is being sold in many other shops for $3,000. He feels that the salesman pressured him into making an unwise and uninformed purchase, which he now regrets. Can A avoid this contract on grounds of a breach of s 21 of the ACL?

Click here to see section 21.

(a) Yes. Although these facts may not provide grounds to establish unconscionable dealing in the general law, s 21 of the ACL applies in these circumstances and it is likely that the section has been breached.

(b) No. These facts do not provide grounds to establish unconscionable dealing in the general law, and s 21 of the ACL does not apply in the circumstances of the case study.

 

 

 

 

 

 

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