Which one of the following falls within the definition of a consumer under section 3 of the Australian Consumer Law:

a.A Porsche car sold for $400,000 by a Brisbane luxury car company.

b.Timber purchased for $10,000 to be used by a furniture company to make cupboards

c.A 1999 Commodore car sold by a university lecturer for $3000 (cheap!)

d.All of these answers

A17

The case of Jaensch v Coffey:

a.related to a physical injury suffered by a person that witnessed an accident

b.related to a physical injury suffered by a person that did not witness an accident

c.related to a psychiatric injury suffered by a person who did not witness an accident

d.related to a psychiatric injury suffered by a person who witnessed an accident

A18

What is the key principle arising from the decision in Modbury Triangle Shopping Centre Pty Ltd v Anzil?

a.In general, there is no duty to control persons from inflicting harm upon others

b.It is not reasonably foreseeable that a person would sustain a recognisable psychiatric illness from a clerical error which had quickly been rectified

c.A class of plaintiffs can be large, as long as it is not indeterminate

d.The mere fact that an industry generally follows the same procedure does not necessarily prove that such conduct is not negligent

A19

Which one of the following is correct?

a.The consumer guarantee provisions of the ACL can be limited in certain circumstances

b.The consumer guarantee provisions of the ACL can be excluded and limited

c.The consumer guarantee provisions of the ACL can be excluded in certain circumstances

d.The consumer guarantee provisions of the ACL cannot be excluded or limited

A20

Which one of the following statements is FALSE?

a.A court of equity may award quantum meruit

b.Damages are not the only possible remedy for a breach of contract

c.Where the loss arising from the breach is exceptional, the court may award extra penalty damages as a warning to others

d.Specific performance may be granted in cases involving rare or unique subject matter.