Q19. Using examples, explain contributory negligence and how a defendant may use it as a defence Q11. Mark is considering entering into a mobile phone contract with GreedyGuts Phones. He is upset to find out that within the contract, there is a term stating that if Marc defaults on payment of his monthly statement, there is a default fee that increases by 10% evert day of default. Marc considers this extreme but the salesperson informs him that this contract is standard form and its terms are non-negotiable. What argument could Marc make? Do you think he would be successful? Q19. Rachel goes to the toy shop, Playstuff, to purchase a toy for her niece's birthday. Rachel explains to the shop assistant that her niece is only five, but that she enjoys artistic activities. The shop assistant recommends a kit to make and paint plaster animals from moulds and reassures Rachel that such a toy is suitable for a five year old. Unhappily when the child attempts to paint the animal figures, she receives chemical burns from the paint, Rachel is horrified and seeks your advice as to what action she may take, against whom and the likely consequences. Q21. Which section of the Australian Consumer Law has been breached in the following examples? (a) Goods are supplied which do not match the description of the product. (b) A service is not provided with care and skill. (e) A seller recommends a product which will be able to do the job. In fact it is unable to do so (d) A seller claims the product was made in Australia but it was in fact made in Ireland: (e) A business proposes to pay you a commission for every person you recruit and then they will get a commission for those they recruit. Q11. The Australian Competition Tribunal: (a) Is the first-place parties should go if they have any issue under the CCA. (b) Is a review body available when a party wishes to challenge a decision of the ACCC (c) Is only available to retail businesses