QUESTION 4

Do the following contracts fall under Section 3 of the Australian Consumer Law (ACL)? For each part:

Answer Yes or No and

Explain your answer with reference to the relevant ACL part of Section 3.

a.Dave's friend Bill, who works in the same accounting department, sells Dave his old 1999 Holden Commodore for $3,000.

b.Dave gives his daughter, Rita, a brand new car valued at $150,000 which he purchases from a luxury car dealer.

c.Mary purchases an old newspaper printing press worth $30,000 from an antique shop.

d.Chloe purchases cotton cloth worth $4,000 from which she plans to make children's dresses to sell at her weekly market stall.

e.Fred buys a truck for $65,000 to transport goods between his Sydney and Melbourne businesses.

QUESTION 5

Michael and a few friends are watching a game of hockey at the local sports field owned by the North Sydney Hockey Association (NSHA). Michael, while looking down at his phone to read his text messages, is struck on the head by a ball during the Men's A Grade Final. He is taken to the hospital in an ambulance and is found to have suffered serious brain damage as a result of the incident.

If Michael sues the NSHA for negligence, what would he need to prove?What are the possible defenses available to the NSHA?