15 terms

Consumer Law

Aims of Consumer Law (8)
Protecting vulnerable consumers
Educating consumers
Providing remedies and avenues for
Quality Benchmarks
Regulation of contracts
Protection from unsafe goods
Protecting consumers
Creating Standards
Elements of a contract
Intention-offer-acceptance-consideration and assurance that the contract meets legal standards
failure to meet voids contract
failure to meet removes responsibility of one or even many parties.
Statute implied standards
Absence of Duress
Absence of undue influence
Service conducted with reasonable care
merchantable quality
fit for purpose
matches advertised description
is not misleading
Legislation: Credit
National Consumer Credit Protection Act 2009 (NCCP) Cwth
Consumer Credit Act 1995 NSW
Non-Legal Credit responses
Consumer Credit Legal Centre NSW
Legislation: Product Certification
Trade Practices Act 1974 Cwth
Fair Trading Act 1987 NSW
ASIC Act 2001 Cwth
Motor Dealers Act 1974 NSW
Travel Agents 1986
Non-Legal Product Cert. Responses
Watchdog Authority such as the ACCC
Legislation: Marketing Innovation
Spam Act 2003
Non-legal Marketing Innovations Responses
ACMA (Australian Communications and Media Authority)
SCAMwatch (Part of ACCC)
Legislation: Technology
Telecommunications Act 1997 Cwth
Non-Legal Technology
ACMA (Australian Communications and Media Authority)
Internet Industry Association (IIA)
Fair Trade Budget
$173 Million
Majority of Fair trading budget:
Compliance: 68%, $118 million