Posted: September 27th, 2016

Advise Rebecca of her rights and remedies (if any) under the unconscionable conduct provisions (including section 21) in the Australian Consumer Law.

Question 4 10 marks 400 words
Rebecca is an elderly woman who lives by herself in Brisbane. She has recently migrated from Italy and is only able to communicate in English at a basic level. One day she receives a random call from Dave, a representative of a plumbing company who offers to give her a “free plumbing check” at her home. Dave explained to Rebecca over the phone that this free check would involve an obligation free assessment of the condition of the taps and pipes in her home. She agreed and Dave visited her home the very next day.
Whilst at her home Dave conducted a check of the taps and pipes in her home and informed her that her plumbing was in good shape. However, Dave suggested that Rebecca purchase an Ono water filter as Rebecca would benefit from the latest reverse osmosis technology that the water filter offered. Dave said that he happened to have one unit remaining in his vehicle parked outside and that he was prepared to sell it to Rebecca for $2000 including installation.
Rebecca was not keen on spending any money but after 2 hours of intense persuasion by Dave, Rebecca signed on the contract to purchase the Ono water filter as she felt pressured to purchase the product. The contract had a cooling-off period of 10 days but Dave said that if Rebecca agreed to waive the cooling-off period, Dave could install the filter straightaway. She agreed to waive the cooling-off period in the contract, paid Dave the $2000 in cash and Dave subsequently installed the Ono water filter.
Rebecca now approaches you for advice. She says that the Ono water filter is working fine but she really has no need for it and she felt pressured to purchase it. Advise Rebecca of her rights and remedies (if any) under the unconscionable conduct provisions (including section 21) in the Australian Consumer Law.