Australian Consumer Law (ACL)
This law (Schedule 2 of the Competition and Consumer Act 2010) protects consumers in Australia
What is the Australian Consumer Law?
A contract is an agreement that is legally ______ by the courts.
What is enforceable?
A statement not meant to be taken seriously (e.g. “best coffee in the world”).
hat is a mere puff? [InvLegalQld_3ed_Ch06 | PDF]
When a party fails to perform their contractual obligations.
What is breach of contract?
The most common remedy—money compensation for loss.
What are damages?
Section 18 of the ACL prohibits this type of conduct in trade or commerce.
What is misleading or deceptive conduct?
Name one key element of contract formation
What is offer/acceptance/consideration/intention/capacity/certainty?
A statement made to persuade but not part of the contract.
What is a representation?
A breach that has already occurred at the time performance is due.
What is an actual breach?
The rule limiting damages to foreseeable losses.
What is the rule in Hadley v Baxendale?
These laws are implied into all commercial contracts - they ensure goods are fit for purpose, of acceptable quality, and match description.
What are consumer guarantees?
This occurs when one party agrees unconditionally to an offer.
What is acceptance?
A false statement that induces someone into a contract.
What is misrepresentation?
When it becomes clear a party will not fulfil the contract before the due date.
What is anticipatory breach?
An order requiring a party to complete the contract.
What is specific performance?
A term causing imbalance, not reasonably necessary, and causing detriment can be declared this.
What is an unfair contract term
This term refers to something of value exchanged between parties.
What is consideration?
A major term that allows termination if breached.
What is a condition?
When a party indicates they will no longer be bound by the contract.
What is repudiation?
An order requiring a party NOT to do something.
What is an injunction?
This agency enforces the ACL and can take legal action on behalf of consumers.
What is the ACCC (Australian Competition and Consumer Commission)?
Advertisements are usually not offers but are classified as this.
What is an invitation to treat?
A less important term that only allows damages if breached.
What is a warranty?
An unforeseen event making performance impossible.
What is frustration?
The duty to reduce loss after a breach.
What is mitigation?