Jack is a salesman dealing in solar heating systems. A month ago, his boss had told him that his sales figures were poor. He decided to become more aggressive in his sales tactics. He visited all his friends and tried to persuade them to purchase a system from him.

Knowing that his friend Simone was away on a long trip, he visited her home to speak to her parents to try and make a sale. Simone's father was an alcoholic and her mother did not understand English very well. Jack became very friendly with them and got her father to have a few drinks that he brought along. After a while, the father became quite drunk. Jack then told them that he was selling them a very cheap system that would save them a lot of money on their bills. The father, despite being quite drunk, said they would need to consult someone before making the purchase. Jack then told them that it was not necessary. He also told them that they would not be able to get it at the special price if they wanted to do that, as it was a one-day deal. When the mother became a little apprehensive, Jack became very aggressive and said she would regret it if she did not make the purchase. Simone's parents then signed the $5,000 contract and paid $2500 for it. The installation was to take place after five days and the remaining $2,500 was to be paid after completion of the installation.

Simone returned in the meantime and found out what had happened. She read through the contract and found terms that stated that no action could be brought against the company for faulty installation and that the customers would have to pay double charges if they called for repairs to be done on any day except Monday and Wednesday. She also found that it was the most expensive system in the range of similar systems offered by other companies.

Advise Simone's parents as to their rights under Australian Consumer Law. (20 marks)

Answer rating: 100% (QA)

Simones parents rights under Australian Consumer Law ACL Misleading or deceptive conduct Jacks press... View the full answer