a. Discuss whether Marcus’ conduct was “in trade and commerce” within the meaning of s 18(1).
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.
The term ‘trade or commerce’ can be construed as encompassing conduct in the
…show more content…
What this approach is mainly concerned with is the conduct of a person with persons/consumer with whom they have dealings with in trading or commercial activities, these activities have a trading or commercial characteristic. According to the facts, the restrictive approach is what will be used. This approach requires the conduct to have a commercial nature to it, though it is detrimental that this conduct is central to the transaction and not incidental. As such, Marcus’ conduct does have a central commercial nature. His dealings with Sonikcan were purely commercial, he bought the B7 cameras from them and then re-sold them online for money, this transaction is central to his conduct. The fact that he acquired these cameras (goods) from a business would most probably always be classified as within trade or
During the postclassical period, the expansion of trade had different interpretations around the world. Varying societies all reacted to trade in different ways due to how they viewed the situation. It had caused conflict in few areas around the world and also created peace as well as harm. Some communities had pros and cons to trade, like everything else. Some reasons for the positive or negative feedback on trade was due to religion, and or the philosophical system. Religion and the philosophical system was both pros or cons for trade in different civilizations. Religion helped with the spread of different ideas and religions across a mass area. Yet it had a negative input because then people fought, thinking their religion was more
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.
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.
...d by the court, there was no idea on how to create a standard, for the division between substantial and non-substantial commerce would be so small, they might as well be the same thing. When he talks about the court being proper, he talks about the decision to say that Filburn’s wheat growing activity had a substantial effect on commerce and that they agreed with congress’ judgement. But if congress were to be challenged on their decision on whether that was substantial enough to justify regulation, thus why the Wickard decision was so revolutionary, for even if congress was challenged on their decision, the courts would be in such a shamble on what to do. The case was such a new thing, for the court had the commerce power, and the court wouldn’t do anything against congress, because congress has the first and last say on whether or not what they say is commerce.
With commercial dealings on the rise in Australia and globally, so too are the complications. If some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally.
The common life of a NYC merchant in 1860 was that of a well-rounded diplomat. One who was able to make deals with both the Southern plantation owner, who sold him the cotton from which the merchant made his money, and the European who the merchant sold this cotton to. This merchant was well aware of how the cotton came from the ground, through the gin, and into the bales. He was well aware that his whole economy was based on this cotton. He also had moral feelings toward the "peculiar institution" that had given him this cotton to trade. But the question on his mind is, "why bite the hand that feeds you?"
Roberts, Russell. (2006). The Choice: A Fable of Free Trade and Protectionism. New Jersey: Prentice Hall.
...a high quality one. An example of this is if you go into a shop and look at a watch and decide you want to order one. If the product then came and it was a fake and very poor quality, the business who sold it to you would be guilty of breaching this law. A further example would be if a store has a product out on display that you can use and try, but when you buy one and take it out of the box it is a much poorer quality. This is again a breach of the sales of goods act. This law would affect cross street and glow warm in a similar way to the trades descriptions act in that the customer has to be told exactly what it is they are getting and the capabilities of it. Cross street news could break this law if they use poor quality products when they are carrying out a job for a customer. An additional law that is in place to protect customers is the competition act.
...useless car to a junk yard to recover some loss, but the difference of the re-sale of the junk-car would be a significant loss. Though there were no adequate assurances to the contract, anticipatory repudiation is the only probable remedy for Jack. However, the outcome would weigh on the predominant factor test, which is met because Tom is covered as a merchant because he is operating in his usual daily business, and Jack is the buyer. The sole purpose of the contract was for Tom to sell Jack a car, and for Jack to buy a car from Tom. The UCC, though less stringent than the statute of frauds, does effectively regulate commercial transfers allowing the free market to operate without diminishing the integrity of trade.
In the article “Conditions of Trade,” Michael Baxandall explains that fifteenth-century Italian art is a “deposit” resulting from the commercial interaction between the artist and the purchaser, who he refers to as a client. These works, as such, are “fossils of economic life,” and money, and they play an important role in the history of art. In our current perception of the relationship between the artist and art, “painters paint what they think is best, and then look around for a buyer” . However in the past, especially during the Renaissance period, the customers determined the content and form of paintings, as it was them who commissioned the work before it was created. He states that the artists and clients were interconnected and a legal agreement was drawn up specifying subject matter, payment scheme and the quality and quantity of colors, which would influence the artist’s painting style. Baxandall not only looks at the explanation of the style of painting that reflects a society, but also engages in the visual skills and habits that develop out of daily life. The author examines the situations between the painter and client within the commercial, religious, perceptual, and social institutions, centrally focusing on markets, materials, visual practices, and the concept of the Renaissance period, which saw art as an institution. Baxandall notes that Renaissance paintings also relate to the clients’ motives through such ways as possession, self-commemoration, civic consciousness, and self-advertisement. The author considers works of a wide variety of artistic painters, for instance, Filippo Lippi, Fra Angelico, Stefano di Giovanni, Sandro Botticelli, Luca Signorelli, and numerous others. He defines and exemplifies fiftee...
The instances when the existing provisions of law are not applicable are to these activities; “unauthorized or unofficial merchandise, publications, websites, virtual advertising, sales promotion activities, pager services, unofficial corporate sponsorship, video photography, vide screenings, films, videos and many more”. It is for these activities that need to be regulated, as an ‘ambusher’ while ambushing sees to that he would not ‘ambush market’ in such a way, that his ambushing would be held liable under the law.
Chapter-V examines the protection of well-known trade marks under the Trade and Merchandise Act, 1958 specially provision of defensive registration on relying on the various important judgments of the various court in this regard.
It is an unlawful act made by various parties of a specific good or service to inaccurately advertise their product, through false or misleading statements. (http://www.nka.com/practice-areas/consumer-rights/false-advertising-deceptive-marketing/) Advertisers should strongly evade advertisements that have the ability to deceive, regardless the fact that nobody may be deceived and the very first step is to recognizes those practices.
The purpose of this report is to analyse the structure and pattern of Australia's trade. The report uses trade statistics from 1999-2000 to 2003-04 and theoretical perspectives to help explain the pattern of trade. The focus will begin with the balance of payments in relation to exports and imports, then move on to the determinants of the terms of trade, and finally, an analysis of why Australia's trade pattern is as it is.
Acts and legislations are put into place by the government to protect people who use ecommerce website through which they purchase needed products. The government put legislations in place so people will put trust on how the online sides of business work, any they know that the product they are buying are safe. These legislations