If there is a breach of a statutory guarantee that is not major, which of the following is NOT a way the supplier may remedy the breach?

a.Repairing the goods

b.Replacing the goods with goods of an identical type

c.Directing the consumer to the manufacturer to deal with the problem

d.Providing the consumer with a refund

A12

The required elements to prove fraudulent misrepresentation are:

a.The defendant making a false representation of fact, the representation causing the plaintiff to act, the defendant acting dishonestly or recklessly and the plaintiff suffering a loss

b.The defendant owing the plaintiff a duty of care, the defendant exercising the required duty of care and the plaintiff suffering a loss as a result of the defendant's negligence

c.The plaintiff owing the defendant a duty of care, the plaintiff exercising the required duty of care and the defendant suffering a loss as a result of the plaintiff's negligence

d.The plaintiff making a false representation of fact, the representation causing the defendant to act, the plaintiff acting dishonestly or recklessly and the defendant suffering a loss

A13

Robco Ltd sold a machine to a client. The client signed a contract with a term that stated they not been induced to enter into the contract by any representations other than those included in the contract. Before the sale Robco's salesperson stated the machine could produce 1000 units per hour. When installed, the machine could only produce half that amount. Which one of the following cases would be relevant to this situation?

a.Sweetman v Bradfield Management Services Pty Ltd

b.Bateman v Slatyer

c.Peek v Gurney

d.Krakowski v Eurolynx Properties Ltd

A14

To constitute fraud, there must be more than negligence. The defendant must have intended the false representation, or at least been reckless as to its truth. Which one of the following cases would be relevant to this situation?

a.Sweetman v Bradfield Management Services Pty Ltd

b.Bateman v Slatyer

c.Derry v Peek

d.Krakowski v Eurolynx Properties Ltd

A15

Which one of the following is NOT a factor in determining if there has been a breach of s 18 ACL?

a.Was the conduct made in trade or commerce

b.Was the conduct misleading or deceptive

c.Was the conduct likely to be misleading or deceptive

d.Was the conduct intentional