Which one of the following is NOT one of the three criteria that must be established for a term to be declared unfair under s 24(1) of the Australian Consumer Law? Select one: a. The term would cause detriment to a party if it were applied b. The term would cause a significant imbalance in the parties’ rights and obligations c. The term is not reasonably necessary to protect the legitimate interests of the advantaged party d. The term must be in a contract that is in writing and signed by the parties
Question
Which one of the following is NOT one of the three criteria that must be established for a term to be declared unfair under s 24(1) of the Australian Consumer Law?
Select one:
a. The term would cause detriment to a party if it were applied
b. The term would cause a significant imbalance in the parties’ rights and obligations
c. The term is not reasonably necessary to protect the legitimate interests of the advantaged party
d. The term must be in a contract that is in writing and signed by the parties
Solution
d. The term must be in a contract that is in writing and signed by the parties
This statement is NOT one of the three criteria that must be established for a term to be declared unfair under s 24(1) of the Australian Consumer Law. The three criteria are: the term would cause detriment to a party if it were applied, the term would cause a significant imbalance in the parties’ rights and obligations, and the term is not reasonably necessary to protect the legitimate interests of the advantaged party. There is no requirement for the contract to be in writing and signed by the parties for a term to be declared unfair.
Similar Questions
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
What is the correct name for the type of actions that are only prohibited under the Competition and Consumer Act 2010 (Cth) Part IV if they have the effect of substantially lessening competition?Question 12Answera.Per se offences b.Conditional offences c.Strict offences d. Contingent offences.
Identify which of the following are not areas addressed by the Fair Trading Act 1999 (Vic).*1 pointOccupational Health and SafetyFalse advertisingWarranties, guarantees and refundsVouchers, gift cards and lay-bys
Multiple Choice QuestionArbitration awards have been struck down by courts in consumer agreements and employment contracts when the contract is determined to be Blank______.Multiple choice question.unbalancedunconscionablea restraint of tradevoidable
A contract or contract provision is ________blank if it is so unfair that a court would be unreasonable if it enforced the contract.Multiple Choiceunconscionableunreasonableillegalunethicalunprincipled
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.