Danny develops a new piece of software which improves the functioning of artificial waiters at restaurants.

Danny sells the software to "Bistro Master" a chain of upmarket restaurants in Melbourne that has many legal accounting and medical professionals as its clients.

Bistro Master buys the software and is happy with the product however finds out via the media that Danny did not develop all of the software and failed to pay the original developer "Super Software" the proper fee for use of that software. The contract states that the software has been fully developed by Danny.

Bistro Master is concerned their clients will not approve of them using a product that has used software from another source without compensation.

Bistro Master seeks your advice as they wish to terminate the contract and get their money back.

1. What provisions of the ACL might be used by Bistro Master to terminate the contract? (5 marks)

What cases assist your argument?