Background
In 2014 the ACCC commenced action against Coles alleging they had engaged in unconscionable conduct in breach of s21 Australian Consumer Law. This matter was concluded by consent orders on 22nd December 2014. (See https://www.accc.gov.au/media-release/court-finds-coles-engaged-in-unconscionable-conduct-and-orders-col es-pay-10-million-penalties)
1: Outline the current provision in the ACL regulating unconscionable conduct, and any case law which interprets these provisions. Explain these provision use case law..15%
2: Consider the facts of the Coles case. Were they engaged in unconscionable conduct, or were they just using their business advantage?35%
3 : Develop a series of points which you would use to educate business colleagues to help them understand the difference between pressing a commercial advantage and unconscionable conduct.50%
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