Posted: September 3rd, 2015

Principles of Unconscionable conduct 
Abitlity

. 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)
Use the current provisions in the ACL regulating unconscionable conduct, and any case law which interprets these provisions
http://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html
http://www.australiancontractlaw.com/law/avoidance-unconscionable.html
The task
Consider the facts of the Coles case. Were they engaged in unconscionable conduct, or were they just using their business advantage? (900 words)
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. (900 words)
Assessment Criteria
Evidence of understanding of principles of Unconscionable conduct
Abitlity to analyse and apply these principles to concrete business examples. Critical appraisal of developments in this area.
Clear communication skills
Referencing skills and academic honesty.

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