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The main objectives of Australia consumer law
The main objectives of Australia consumer law
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Legal Right and Legislation for Consumers in
Australia
Every consumer in Australia is covered by a set of guarantees provided and enforced by the Australian government. These guarantees are called Consumer Protection. They are imposed on all parties in which a contract is signed, which is a legally binding agreement between a consumer and the seller which entitles certain rights. These rights were introduced to protect against unethical trading from either parties. The Trade Practices Act 1974 protects consumers against unfair business practices such as misrepresenting the quality, origin or characteristics of products. It also prevents businesses from artificially restricting competition coined 'restrictive trade practices'. The Fair Trading
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It involves one of the parties offering something of value. The other party must clearly communicate their intention to accept their proposal for it to move on to the next stage;
Acceptance: Acceptance is where a party agrees by either by either written or oral formats, or an act that communicates acceptance.
Consideration: Consideration is when both parties give up something of value in an exchange. This can take the form of anything, such as money, a car or chocolate wrappers.
Responsibilities
The responsibilities of a consumer are as follows:
A consumer has the responsibility to educate themselves about their rights
A consumer should learn as much as possible about a product as possible before purchasing
A consumer should also read and participate in following the product instructions and warnings.
Breaches of this may incur a loss of consumer rights.
The responsibilities of a business regarding consumer rights are as follows:
Be aware of legal selling methods, such as the obligations regarding selling door to door.
Protect ideas, designs or business identity via trademarks.
Comply with product safety standards.
We aware of laws regarding advertising.
Supply guarantees, warranties and refunds if
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The next step he should take is to go to: https://www.accc.gov.au/consumers/complaints-problems/make-a-consumer-complaint which is an Australian consumer affairs government service, which aims to protect consumers for any breaches of the Fair Trading Act or the Trade Practices Act.
4. If all else fails legal action is the only option. It is a good idea to get legal advice first as legal action is expensive and may fail. If successful, he may even get more money than planned via other breaches of the law.
Conclusion
Every Australian should be aware of their consumer rights and be prepared to act if violated. Unfortunately, a majority of business in Australia still operate using unethical and unfair practices which are not suppressed because of outdated laws. An example of this which affects millions of Australians including myself are Internet Providers failing to meet promises regarding speeds. For example, a person may be paying for an ADSL2+ internet connection, but only be receiving ADSL because of physical limitations in their area. Internet providers are aware of this but do not choose to make the consumer aware purely in the name of profit. Outdated laws are limiting consumers from taking action against this, which is disgraceful and truly displays the ignorance of politicians at the
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.
In the case of Woolworths and Coles, both businesses are being investigated by the Australian Competition and Consumer Commission (ACCC) for abusing their market power by intimidating suppliers to reduce the price of products so they can buy them for cheap. Due to Woolworths and Coles
...efits from adopting unfair business practices and discouraging competition are much higher than the expected penalty and punishment. With changing time, there is need to make these laws more effective and relevant.
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.
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
Lahdesmaki (2005) argued that marketing can be an ethical contract between businesses and their customers. Therefore businesses are morally obliged to inform their customers about the products in store and provide all the information necessary via marketing strategy so the customer can make informed decisions about their purchase.
... obligation to its ethics or privacy concerns, which is apparent because the usage rate of such methods is rapidly increasing. Because marketing executives are utilizing a more effective campaign and increasing sales, they fail to properly respond to the campaign’s violations to natural human rights.
Corporations bet on consumers not knowing their rights. You will know the “what”, “how”, and “whys”
For example, most people complaining about the quality of the Primark clothes, even because they’re selling the products in good price, but the business needs to concentred on the quality of the products in which costumers are complaining in order to satisfy the customers’ need. Good customer service is the principal thing that the business has to consider first, and the management has to establish the proper strategy in which the business can use in order to promote their products. On the other hand, the company has to implement certain human right, employment and environmental principles create good atmosphere between individuals. (Mason, 2000). Ethical consumerism is a developing process that highlights on socially accountable trade activities.
Last but not least, besides reforming the current law, it is also up to the consumers themselves to take responsibilities for their own protection.
Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.
The consumer can use Section 12DA to sue ANZ for creating misleading advertisement and promotion, making false predictions about future matters, creating a false impression about nature, suitability or financial product and withholding the relevant and important information.
Consumer offerings are essential products that are available in the consumers’ market. However, not all these offerings are part of the consumers’ need at a particular time. In this brief piece of writing, readers will understand the consumer offerings that relate to their needs and when. Similarly, readers will learn the difference in these offerings and probably the products the author has patronized with a vivid example. At the end of the paper, readers should feel free to consult the references that aided the writing.
The most authoritative definition of consideration stems from Currie v Misa in which the judgement of Lord Justice Lush defines consideration as “some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.” Consideration is therefore, in essence, the price for which a promise is bought. Normally, a promise cannot be contractually binding unless it is supported by some form of consideration and there are numerous rules surrounding it’s successful operation. These include: consideration must move from the promisee, consideration must not be past and consideration must be sufficient but need not be adequate.
In English Law consideration is one of the three main areas of an enforceable contract. It may be defined as an act, forbearance or promise made by a single party that constitutes the price for which the promise of another, is bought. In simple terms, the basic understanding of consideration may be seen as a ‘give and take’ tactic between two parties.