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Australia consumer law tutorial answer
Australia consumer law tutorial answer
The law with respect to consumer protection in given situations
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1) For each of the following statement circle if they are true or false
True/False - If you buy something on sale it is not covered by the Australian consumer law
True/False – If you buy something online you have the same rights as if you buy it in a store
True/False – Tradesmen are not covered by the Australian consumer law?
True/False – You have the right to a refund if you change your mind about a product.
True/False – You have to take a damaged item back to the company who made or the store who sold it.
True/False – If you sign a contract to buy a car you a no longer covered by the consumer laws.
True/False – Tradesmen are required to law to always use care and skill.
True/False – You can't ever take a product back after the end of the
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2 marks
4) Why do companies recall products?
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1 mark
5) Explain how consumers are protected by the Australian Consumer Laws?
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3 marks
6) What does the phrase “acceptable quality”
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2 marks
8) What can you do if a store refuses to take a faulty product back?
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2 marks
9) Why is it important to keep notes of anything sales people tell you?
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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.
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 ...
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.
“Our products are guaranteed to give 100% satisfaction in every way. Return anything purchased from us at any time if it proves otherwise. We will replace it, refund your purchase price or credit your credit card. We do not want you to have anything from L.L. Bean that is not completely satisfactory” (L.L.Bean.com).
In analyzing the various facets of these two cases, we must first look at the arrangement between Mr. Sam Stevens and the store to determine if, in fact, a legal contract was at hand. The first necessary element in a contract is the agreement. An agreement is reached when one party makes an offer, and the other party accepts. In this case, the store offered to purchase 1,000 units of Mr. Stevens’ product, his verbal assent to the store manager constitutes an acceptance of said offer.
The ACCC brought proceedings in the federal court against HPA charging that HPA had breached Australian consumer law by making false and misleading representation to customers and retailers when it comes to their rights under Australian consumer law. Federal law penalized HPA a $3 million civil penalty for making false or misleading representations. After an agreement between HPA and ACCC under federal court HPA admitted that it had made the following false or misleading representations:
You can return any item within 15 days of receipt by contacting us by email or phone to request a printable return shipping label with tracking code via email. Customers pay all return shipping. Once I Need Sparkle receives a returned item with the approved label, we will refund the full purchase price. We do not offer exchanges at this time.
John, a homeowner of thirteen years recently sued a roofing contractor for false advertising stating that he could arrange financing for roofing repair jobs, the roofing contractor was found guilty of illusory publicizing a service that he was unable to fulfill to John, the consumer. Deceptive advertising, deceptive pricing, and punitive damages are a few actions that can be held against the business based on Consumer Protection. Consumer Protection is protecting the consumer from defective goods and pitiable quality of service from untrustworthy merchants. Consumers have persistently demanded monetary value in the usage of quality goods and better services over time. There are many consumer protection rights to be discussed. This is implemented by the consumer rights offered and the protection granted by federal laws to consumers and evidenced by the lawsuits filed by different consumers.
...the price account to THE COMPANY. Furthermore, on the presumption where the goods were existed and stored by THE COMPANY before the sale, and without the knowledge of THE COMPANY, the puddings have poisoned at the time when the contract was made; the contract is void. Accordingly, it is arguably that the goods are not in a deliverable state.
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.
Consumer rights and consumer law are designed to hold sellers of goods and services accountable when they seek to profit by taking advantage of a consumer’s lack of information or bargaining power (The Law, n.d.). Consumer rights laws exist at both the federal and state level, and they are enforced by government agencies, offices of attorneys general and through individual and class action lawsuits filed by victims, who are the diamond consumers in this case (The Law, n.d). Consumer Protection Act in the State of Texas is called Texas Deceptive Trade Practices Act (DTPA), which is located in Chapter 17 of the Texas Business and Commerce Code (The DTPA, n.d.). The DTPA protects the consumers who purchase a new product in Texas by giving
In addition, the owner of the Tesco company should apologise to the public through mass media due to their unforeseen problem and promised to rectify the following incident as this will help to brings back his company reputation up again. In this way, the company will gain his customers’ support and confidence. Actions should be taken straight away to fulfil the customer’s right by substituting all the faulty products with the fresh and good quality products. This will definitely helps to minimise the problem occurred.
Second, no two sales are the same, even if they are made to the same company or