Question
Consider whether the representations and conducts in the following scenarios could be considered unconscionable conduct under s 21 of the ACL . Use relevant statute
Consider whether the representations and conducts in the following scenarios could be considered unconscionable conduct under s 21 of the ACL. Use relevant statute and case law to support your answers:
A. Mario, a Monash College student who immigrated from the Philippines, is looking to rent a studio apartment in Melbourne so he can live close to the Docklands campus. The real estate agent is aware that Mario is an international student, so he shows him an apartment in Collins Street. After the inspection, the agent pressures Mario to sign the contract immediately as this is the only apartment he can hope to afford that is close to the campus, and that no one will lease any property in Melbourne to one international student.
B. Alicia joined a gym to lose some weight after 2 years of working from home. After a month, she realised the exercises are too difficult for her and attempted to quit. The gym told her she must pay a $5 cancellation fee as per the terms of the contract she signed (which she did not read). She complains this is unfair as she only went to the gym twice before quitting and she didn't know about the fee.
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