On the first point I agree. In my country, 40-50% is a pass usually and that seems crazy for its own reasons. But a curve can make that worse just as easily as it can make it better. The education system I work in is now introducing the idea that not only do you need to hit 50% to pass, you also have to show a competency with every learning outcome on the curriculum. We'll see how it goes. My subject areas haven't been hit yet.

The second point is essentially what I said, it's a cop out for a teacher who is bad at setting exams. Easily fixed by some QA and/or collaboration. At least run it by a TA. Also they should read the curriculum before writing an assessment.