The proposal is relatively close to New Zealand Consumer Guarantees Act 2013 with an additional exception to the end use. A consumer is defined as: “a person who acquires goods or services from a supplier in their ordinary course of business for the use that would ordinarily be classified as domestic, household or personal consumption”. The CGA was considered appropriate as it captures natural person and businesses with references to the ordinary use of goods or services. Furthermore “a consumer is not a person who acquires goods or services for resale or for any commercial purpose excluding persons who utilise goods or services exclusively for earning their livelihood”. The focus therefore is on the end use which is the same as the GCA although the exception will be explained later. The GCA is therefore largely appropriate and the proposed definition is broad and captures natural persons, businesses, and subsistence farmers. The aim of this wide scope is to promote general economic and s...
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...vely hood. But essentially this definition will capture all sole traders and subsistence farmers who purchase goods or service for agriculture or in their production process (Howels, et al., 2010). The rational for including this definition is recognising these groups hold essentially the same bargaining power as natural individuals and are disadvantaged and in need of special focus for the countries development effort (Howels, et al., 2010).
The main factors that were relevant in shaping the current proposal was the pressing need to protect the poor and vulnerable of Egalia. Thus including a wide spectrum of Egalia under this proposal will ensure consumers have access to adequate redress that would otherwise not be available if the presumption of libertarian or neo classical theories were incorporated. Therefore the proposal is sound in the context of Egalia.
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