Contract basics
Essential elements
Famous Contract Cases
Know Your Legislation
Consumer Rights
100


This is an agreement recognised and enforceable by law.


Contract

100

This is something of legal value exchanged for a promise.



 

Consideration

100

This famous case involved a woman who used a smoke ball product but still caught influenza.



Carlill v Carbolic Smoke Ball Co (1893)

100

This Commonwealth Act contains the Australian Consumer Law.


Competition and Consumer Act 2010 (Cth)

100

These automatic legal protections apply to goods and services purchased by consumers.


Consumer guarantees

200

These two elements combine to form an agreement.


Offer and acceptance

200

This element requires parties to intend their agreement to have legal consequences.


Intention to create legal relations

200

This case established that signing a contractual document generally binds a person to its terms, even if they did not read them.


Toll v Alphapharm (2004)

200

The Australian Consumer Law is contained in this Schedule of the Act.


Schedule 2

200

Goods must be safe, durable and free from defects under this guarantee.


Acceptable quality

300

This is an invitation for another person to make an offer, rather than a binding offer itself.



Invitation to treat

300

This element concerns a person's legal ability to enter a binding agreement.


Capacity

300


This case involved a property transaction where one party was seriously affected by alcohol.


Blomley v Ryan (1956)

300

This section of the ACL prohibits misleading or deceptive conduct.


Section 18

300

This guarantee requires goods to match the description used to sell them.


Supply by description (s 56)

400

This occurs when a person responds to an offer by changing its original terms.


Counter-offer

400


Duress, undue influence and misleading statements may undermine this essential element.


Genuine consent

400


This case considered whether an agreement expressed as "subject to contract" was immediately binding.


Masters v Cameron (1954)

400

This section guarantees that goods must be of acceptable quality.


Section 54

400


This ACCC enforcement tool involves gathering evidence about possible breaches of consumer law.



Investigation

500

This legal requirement means the essential obligations of an agreement must be sufficiently clear and complete.


Certainty and completeness

500


This type of consideration is generally invalid because the act occurred before the promise was made.


Past consideration

500

This High Court case involved a wool subsidy and demonstrated that reliance on a statement alone does not establish consideration.


Australian Woollen Mills v Commonwealth (1954)

500

Under section 87B of the Competition and Consumer Act, the ACCC can accept this type of enforceable commitment from a business.


Court-enforceable undertaking

500

True or false: A retailer can remove consumer guarantee rights by displaying a "No Refunds" sign.


False

600

This country has more pyramids than Egypt.


Sudan

600

This is the only letter that does not appear in the name of any US state.

Q

600

This famous artist painted The Persistence of Memory, featuring melting clocks.


Salvador DalĂ­

600


This mathematical number is approximately 1.618 and is often associated with patterns in nature and art.


The golden ratio

600

In 1986, this nuclear power plant in present-day Ukraine was the site of a catastrophic disaster.


Chernobyl

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