Question 1

Dimple agreed to buy a new smart TV from BTS Traders for $4500 after the salesman said, 'Don't worry about not having the cash - you can pay $150 per month plus interest at the rate of inflation. Dimple signed an agreement to repay $4500 under these conditions and took delivery of the TV. She also agreed she would not take legal action under common law, the Consumer Credit Act, or any other legislation. No documents were provided. Every month for the past 20 months Dimple has received a bill for varying amounts in excess of $150. She has nearly paid $4000. BTS Traders still claims Dimple owes $2500. Advise Dimple.

a) What legal rights she has under the Fiji Consumer Credit Act.

b) What remedies may be available to her?

Question 2

The sales manager at Squid's Pre-Loved Cars Pte Ltd advertised a 2001 Toyota Camry 'in excellent condition for $10 000. The ad also included the statement that a number of 'good quality cars from 1998 to 2000 were being sold for prices ranging from $8000 to $16000'. In fact, the Camry advertised at $10 000 required considerable body repairs and a complete paint job, and the next cheapest car was priced at $14 000.

a) State and briefly explain which provisions of the Fijian Competition and Consumer Commission Act (2010) have been breached.

b) What remedies would be available?

Question 3

Johnny buys the organic falafel used in his restaurant from Idoru Ltd. When Johnny complains to Idoru about a recent price increase, Idoru offers Johnny a special deal: Johnny will only have to pay $6 per kilo for organic falafel for the next 12 months, but he must commit to buying all of his organic fruit from Burning Chrome Farms. Idoru does not receive any commission from the Burning Chrome sales, and Johnny is the only restaurant owner to be given such an arrangement.

Is this arrangement prohibited by Fiji Competition and Consumer Commission Act (2010)? If yes, support your answer using the relevant section of the ACT.