This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation. Firstly it is important to explore the reason of Consumer Law. Consumer Law is designed to prevent business to engage in unfair practices, gaining an advantage over competition and also to provide protection to those who are weak. Furthermore it is to provide protection to consumer, encourage consumption and help inform consumer and suppliers of their rights. Additionally Consumer Law helps deliver a competitive economy which engages in fair trade actions. However prior to the modern understanding of Consumer Rights there was a understanding of Caveat Emptor – Buyer Beware –this has been a fundamental premise of consumer wellbeing prior to World War ‖ , relation to transactions, principle that the buyer purchases at his own risk in the absence of an express warranty in the contract . This common law rule assumes that buyers and sellers are in an equal bargaining position. However there has been evident change in consumer rights which have contributed to the precedence of using Caveat Emptor is no longer acceptable, apparent in the case ACCC v Hewlett Packard Australia (HP), illustrated that no longer can a company ... ... middle of paper ... ...nd Services Act 1973 (TAS), Fair Trading Act 1999 (VIC), Fair Trading Act 1987 (NSW), Fair Trading Act 1989 (Qld), Fair Trading Act 1987 (SA), Consumer Transactions Act 1972 (SA), Manufacturer’s Warranty Act 1974, Fair Trading Act 1987 (WA), Consumer Affairs Act 1971 (WA), Door to Door Trading Act 1987 (WA), Consumer is (The Treasury, Commonwealth of Australia 2013) (Malbon and Nottage 2013) (Council of Australian Goverments, 2009) (Submission of Productivity Commision on Behalf of NSW Goverment 2007) (Australian Goverment 2008) 2008, (Council of Australian Goverments 2009) (Council of Australian Goverments 2009) (Malbon and Nottage 2013) (Malbon and Nottage 2013) (Malbon and Nottage 2013) (Australian Goverment 2010) (Solicitor 2011) (Solicitor 2011) (Australian Goverment 2010) (Malbon and Nottage 2013) (Malbon and Nottage 2013) p.19
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Australian Legal Case: The Mabo Case The Mabo case commenced in the late 70's about an Aborigine Eddie Mabo who fought for his land on Murray Island, part of the Torres Strait. The issue that started the court case was when Mr Mabo appealed for a permit from the Queensland Government to visit the island. His proposal was declineed so he was unable to return home to visit his homeland.
The role of law reform has responded rather effectively to a certain extent in protecting the rights of consumers. This is evident in the legal responses introduced to address issues of credit, marketing innovation and technology. These law amendments has effectively increase the protection of the rights of consumers to a certain extent, however loopholes still exist. Due to the increasing range of goods and services continues to grow and the failure of existing laws, the role of law reform has been significant in protecting the rights of consumers. Consumer laws were created to prevent deceitful activities, or unfair business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances.
Specifically, part 1 will introduce the Unfair Commercial Practices Directive as the source of the Regulations, including its purpose, scope, structure, its influence on private law in general and its impact on the pre-existing legislation in the UK. Part 2 will be separated into two part, concerning (1) the 2008 Regulations in details including general prohibitions, misleading practices, aggressive practices, outright prohibitions, offences, penalties, defences and illustrate the necessary of the new private rights to redress and (2) the 2014 Regulations including the conditions to apply the new rights, two tiers of remedies and the problems in the
S18(1) of the Australian Consumer Law (ACL) states that ‘a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive’. Trade and commerce means ‘(a) trade and commerce within Australia; or (b) trade and commerce between Australia and places outside Australia; and includes any business or professional activity (whether or not carried on for profit)’. However, the actual words ‘in trade or commerce’ are not defined in the act itself and in some instances are quite difficult to understand, as such, it has been left up to case law to decipher what the terms actually mean.
This was shown when the indirect purchase of the Smoke Ball still resulted in the user getting compensation, which was not a ‘conventional’ contract. The same goes for Boots being allowed to start the ‘self-service’ which most of the shops today adopt. The final ruling of this case meant that a new type of contract was formed that didn’t require paper and a pen the contract was formed when the customer takes the products to the till is the offer and there payment of the products at the till with the presence of the pharmacist is the acceptance of the contract. These unusual ‘offer and acceptance’ contracts between a business and a consumer paved the way for contract law as we know it
The Sale of Goods Act 1979 requires goods to be exactly as they are described as well as being in satisfactory quality and fit for the purpose of its use. The term ‘fit for the purpose’ means that it should be useable for their everyday purpose as well as the reason they bought it, for example, if you searched online for computer parts such as, a graphics card or motherboard, you would want it to be compatible with your computer.
Even though consumers have great protection rights in Australian Customer Law, they have to understand that this law is designed to provide consumers and sellers a fair go. Therefore, consumers also have to be aware that they will not be protected if they are careless and make unreasonable demands.
Nevertheless, it does not preclude the possibility of UCPD’s indirect consequences for national contract rules. The UCPD does not constrain any Member States from adopting general contract law remedies for consumer in respect of contract obtained by deception. Furthermore, it is believed that the UCPD would have impact on contractual practice since traders must manage their interaction with consumers as the results of this Directive due to the fact that the UCPD applies to unfair commercial practices ‘before, during and after a commercial transaction’. Additionally, to ensure the full comparability, the UCPD requires Member States to inspect their national rules that fall within the remit of UCPD. Prior to the 2014 Regulations of the UK, the consumer rights to redress has also been implemented in some countries on the basis of unfairness concept as clarified in the UCPD
The Egyptian government passed consumer protection laws and regulations to protect the citizens and the consumer services. The general task of the consumer protection law (CPL) is to provide strong and balanced regulations for the consumer which cover services and safety laws. The consumer law and regulation enacted by law number 67 of 2006 and it consists of twenty-four articles mentioning the consumer law in different sectors. The CPL provided the many issues in the articles including the consumer law, supplier law, brand protection law, agency and associations law, advertising law, and economic activities law.
After they have purchased a good or a service, consumers are protected by a series of assurances stated in the Consumer Guarantees Act. The Consumer Guarantees Act is designed to foster fair competition, and to protect the interests of consumers. The Act holds the supplier responsible for ensuring that the goods or services sold to consumers are reasonably safe and fit for purpose, and of satisfactory quality (New Zealand Legislation, 2013). Goods must be suitable for their usual function, safe to use, durable and must last for a reasonable time, have no minor defects, and acceptable in look and finish (Commerce Commission, 2014). Under this Act, suppliers must guarantee that the services are performed and completed with reasonable care and proficiency (New Zealand Legislation, 2013). Services must be carried out with sufficient precision fit for the specific purpose they were supplied for (Commerce Commission, 2014). They must also be completed within a reasonable time and provided at a reasonable price, if no time for completion, or price or pricing formula has been agreed beforehand. The Consumer Guarantees Act applies to all goods and services normally bought for personal or household use and consumption. Goods may include but are not limited to apparels, electronic equipment, kitchen appliances, and food. Services may be in the form of plumbing, repairs, accommodations, banking, and utilities such as gas, electricity, telephone, and water. The Act applies to goods and services sold on credit and goods hired out for use (Consumer Affairs, 2014). Also, Consumer Guarantees Act provides that consumers have certain rights of redress against suppliers and manufacturers if goods or services fail to comply with a guarantee. This mean...
The Competition Act at large focuses on forbidding, respective, agreements between undertakings or concerted practices which may restrict the competition within the market. It forbids all practices, which amount to the abuse of a dominant position in the Market by an undertaking where the practice could potentially, affect trade between its members. The rules of the Act set out the basic framework, providing for the maintenance of effective competition in the market.
In fact, the implementation of consumer protection law also has the vested interest for businesses. It is a given fact that businesses have to take into account consumers' interest if they want to thrive in a competitive market. In view of our ever advancing technology, liberalisation and globalisation has increased economic competition by leaps and bounds. Many companies sell the same goods at similar prices and one of the few ways to stand out is to successfully satisfy the customers. Consumer protection sets the baseline of how a company should respect the interest and safety of the consumers. By taking into consideration the needs of consumers, businesses will then be able to keep up with both internal and international competition. Furthermore, apart from consumers, suppliers and retailers are also some of the other stakeholders that companies must keep in mind. Companies can only thrive and survive in the industry by getting resources from suppliers. Working in the business industry requires mutual trust that is built upon honesty and being forthright. If a company does not even fulfil the basic requirement of consumer protection, businesses will take a hit, and in turn suppliers and retailers will be affected as well. Suppliers and retailers might not wish to collaborate with the company and this will result in business complications. Hence, respecting consumers' rights is both beneficial for the consumers as well as the