Required:Discuss any terms that may breach s23-27, Australian Consumer Law [Your response should identify the criteria that applies and the alignment of the term and any law]Explain and provide an example of s54, Australian Consumer Law
Question
Required:Discuss any terms that may breach s23-27, Australian Consumer Law [Your response should identify the criteria that applies and the alignment of the term and any law]Explain and provide an example of s54, Australian Consumer Law
Solution
Section 23-27 of the Australian Consumer Law (ACL) pertains to unfair contract terms. A term may breach these sections if it:
- Causes a significant imbalance in the parties' rights and obligations arising under the contract.
- Is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term.
- Would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.
For example, a term in a gym membership contract that allows the gym to unilaterally increase its fees without giving the member the right to terminate the contract could be considered unfair under these sections. This term causes a significant imbalance in the parties' rights and obligations, is not necessary to protect the gym's legitimate interests, and could cause financial detriment to the member.
Section 54 of the ACL pertains to the consumer's right to undisturbed possession of goods. It states that if a consumer has a right to undisturbed possession of goods, a supplier must not take any action to disturb the consumer's possession or control of the goods.
For example, if a consumer purchases a car from a dealer, the dealer cannot later repossess the car without the consumer's consent or a court order. If the dealer were to repossess the car without the consumer's consent or a court order, this would be a breach of section 54 of the ACL.
Similar Questions
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