Question 5 (10 marks)

Jupiter is 70 years old and has been recently diagnosed with early onset of Alzheimers disease. One day, while having a stroll at the local botanical gardens, he strikes up a conversation with Jorge, an insurance salesman. Jorge convinces Jupiter to purchase an expensive insurance cover policy, because there is a one day only promotion where Jupiter can save on premiums for the first six months. Jupiter explains his medical condition to Jorge and asks for time to read the agreement, since he does not know anything about insurance. Jorge waited patiently for half an hour, while Jupiter read the agreement. Jupiter then says he wishes to discuss the insurance policy with his wife and children before making a decision. Jorge urges Jupiter not to bother his wife and children and asks Jupiter to sign the agreement or he will miss out on the promotion. Jupiter signs the agreement.

Has Jorge acted unconscionably under the Australian Consumer Law? Why/Why not? Use relevant legislation to support your answer. (DO NOT discuss penalties.)