Australian Consumer Law Essay

Great Essays
Question 1

Problem:
Does Adil fall under the category of a “Consumer” under the Australian consumer law (ACL)?

Rule:

Australian consumer law (ACL) in phase 3, defines the customer consistent with its right components. Consistent with the law, a person will be entitled as a ‘customer’ or Consumer who obtains particular goods or offerings that are really worth a fee much less than $40000 in general. In the same time, a person may be a ‘consumer’ if he or she acquires an excellent costing greater than $40000 but ensure that unique product use handiest for personal, household and domestic cause. In step with this case, either a person bought an automobile that has an average use for transporting the goods on roads however he or she mainly purchased
…show more content…
References:
2009, Australian Competition and Consumer Commission (ACCC) v Dukemaster Pty Ltd FCA 682.

Attorney-General’s Department, 2010, The Australian Consumer Law, A guide to provisions, Chapter 1, Page 01.

Attorney-General’s Department, 2010, The Australian Consumer Law, A guide to provisions, Chapter 2, Page 05.

Business & Corporations Law, Consumer Protection, page 23.

Clayton UTL, 2012 The Australian Consumer Law, An essential guide for product manufacturers and suppliers, Page 5-6.

Consumerlaw.gov.au. (2017). Legislation – Australian Consumer Law. [online] Available at: http://consumerlaw.gov.au/the-australian-consumer-law/legislation/ [Accessed 16 May 2017].

Decker, C. (2017). CONCEPTS OF THE CONSUMER IN COMPETITION, REGULATORY, AND CONSUMER PROTECTION POLICES. Journal of Competition Law & Economics, 13(1), pp.151-184.

Gordon J in Dukemaster citing, Global Sportsman, Pty Ltd 2 FCR 82

Griggs, L.D., 2011. Australian Consumer Law-An overview, unfair contracts, consumer guarantees and remedies, In Au tralian Consumer Law, (pp.

Related Documents

  • Improved Essays

    Unit 3 P1 Bungburys

    • 989 Words
    • 4 Pages

    When a contract is broken the injured party will look to be compensated for this breach, a court will look to compensate them financially or by forcing the other party, if possible, to carry out the contract as agreed in the first place. Frustration of…

    • 989 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Critical Legal Thinking Case Study 1 Sterling, Inc. vs NoBugs The purpose of this report is to present advantages and disadvantages of a lawsuit regarding the breach of contract between NoBugs and Sterling, Inc. Furthermore, we will discuss the pretrial planning should Sterling, Inc. decide to sue NoBugs. First we must evaluate the cost for Sterling, Inc. to move forward with a law suit against NoBugs. In addition to the financial loss in excess of 20 million for loss of profits, expenses occurred for compensating customers, and the damage of Sterling’s reputation.…

    • 518 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Supreme Court Case Essay

    • 808 Words
    • 4 Pages

    Title and Citation: Fry V. Napoleon Community School District Topic: A school district denying the student the right to have a service dog attend school. Level or Type of Court: Supreme Court- Oct 2016 Facts of the Case: A student with cerebral palsy obtained a service dog with the doctor’s approval to help her live as independent as possible. The service dog was hypo-allergenic and was to stay out of the way when not needed.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Unit 21 D1

    • 698 Words
    • 3 Pages

    For example, if a customer claim damage from Tesco mobile as the phone that Tesco gave had defects. Therefore, customers are able to sue Tesco for breach of contract as they failed the condition. However, the Limitation Act 1980 imposes that consumers only have 6…

    • 698 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Application of the law to the facts We the legal team for Greene 's Jewelry will assess all the strengths and weaknesses of the proposed argument in court. The lawsuit provides us with the opportunity to introduce different directions for the arguments needed to be made in the courts; from the case laws, regulations, and substantive law. By Utilizing these resources, in the lawsuit against Ms Lawson it is believed that a favorable decision will be made on behalf of Greene 's Jewelry in both cases. Taking a sufficient amount of time to analyze the details of the case we have come to the conclusion that the focal point and the strength of our argument in the lawsuit against Ms Lawson is that she intentionally violated her contract.…

    • 1474 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Australian Food Industry

    • 1820 Words
    • 8 Pages

    HSC FOOD TECH ASSIGNMENT THE AUSTRALIAN FOOD INDUSTRY 1. Name the organisation and identify the sector of the Australian food industry to which it belongs. Piazza Doro was introduced in 1988 and is part of a multinational company called Jacob Dowe Egbert’s. Piazza Doro produces high quality coffee known for its taste and sustainable environmental practises.…

    • 1820 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    HIPAA Research Paper

    • 382 Words
    • 2 Pages

    Protect All Sensitive Information with HIPAA The purpose of the Health Insurance Portability and Accountability Act, (HIPAA) is to secure and protect sensitive patient information. HHS Office of the Secretary (2013) stated, The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, was enacted on August 21, 1996. Sections 261 through 264 of HIPAA require the Secretary of HHS to publicize standards for the electronic exchange, privacy and security of health information. Collectively these are known as the Administrative Simplification provisions.…

    • 382 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Lease is a contract renting land, buildings to another; a contract or instrument conveying property to another for a specified period or for a period determinable at the will of either lessor or lessee in consideration of rent or other compensation. Laws relating to the sale of goods, in other words, sales law, have their origin in the common law principles of contracts. Article 2 of the Uniform Commercial Code (UCC), however, which governs sales law, has made changes that meet the needs of merchants and consumers who deal with one another contractually in a modern business world. In effect, the UCC has relaxed the rules relating to sales transactions by removing many of the technical requirements relating to contracts under the common law. Under the UCC, it is now far easier to form a binding sales contract.…

    • 811 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Law reform is the act of altering laws to better suit the importance of social values. Laws constantly need to be modified to suit the needs of the society, they cannot remain static. An essential feature of the legal system is to adapt and solve uprising problems. The reforming of law is needed for it to remain relevant and have the support of the general public.…

    • 1249 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Essay On Tort Duty

    • 652 Words
    • 3 Pages

    “It is primarily the blameworthiness of parental non-action, however, that justifies recognition of a tort duty to protect minor children” (Johnson & Hargrove, p. 319). “For example, in Laser v. Wilson,28 the high court of Maryland found that the parents of a two year-old child, and not their hosts, who had invited the parents and their child to a family gathering, had the duty to protect the child from the obvious danger of an open stairwell. 29 In a Texas case, a trial court entered a tort verdict against a mother who had failed to protect her daughters from abuse by their father.30 In another passive-parent case, in Minnesota, "the mother of a 21-year-old woman who was molested by her father as a child [was] found jointly liable for part of a $2.4 million jury award against him" (Johnson & Hargrove, p.…

    • 652 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Intro -The Cassette Ethical Sourcing Code of Practice (ESC) embodies our commitment to sourcing products in a responsible manner, and working with suppliers to improve their social and environmental practices. The following ESC is based on commitment to respecting the core labour standards established by the International Labour Organisation, protecting and respecting human rights as set out in the United Nations Universal Declaration of Human Rights and promoting environmental sustainability. - Cassette recognises that full compliance with these criteria may take time for some Suppliers, and are committed to working with Suppliers to implement improvement plans and help them achieve compliance. Expectations & Compliance - Cassette expects…

    • 833 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    THIRD ISSUE: RESPONDENT has valid grounds for avoidance of the Sales Contract on 7 July 2014 and 9 July 2014 B.CLAIMANT did breach the Sales Contract on 4 July 2014 and 8 July 2014 I. CLAIMANT breached the Sales Contract for the inconsistency between the Sales Contract and the letter of Credit opened on 4 July 2014 1. The CISG applies to the merits of the case at issue Pursuant to Article 20 of the Sales Contract [Cl. Exh.1, p. 7], “The contract, including this clause, shall be governed by the law of Danubia”. As Danubia is a Contracting State to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG) [R.A., p. 5, para.…

    • 1469 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Contracts are an integral part of society, having strong legal contractual principles gives confidence to consumers, investors and anyone who wishes to enter into a contract. Entering in a contract shows that in a primitive way that two parties are on the same page, however it is noted that a high proportion of litigation does actually stem from misunderstood contract (Duxbury (2011)).In this scenario Gary believes he has a valid contract with Mike and is disappointed to learn that Mike has sold on the Bike to Liz (third party). Using previous cases as precedent and analysing the conditions in which a contract is made, advice will be given to Gary on his legal position in regards to the contract and whether there is any suitable remedy that…

    • 1534 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    On the other hand, instead of terminating the commercial contract, Aussie Clothes did an unlawful act and refused to pay for the products after the acceptance of the delivery. In fact, they sold the items to their customers on discount prices. Therefore, Aussie Clothes has breached the express contract by refusing the payment to the…

    • 891 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Abstract: The Port of Singapore has a multi-pricing structure. The costs are arranged in three categories: port-calling costs, terminal-handling costs and concession pricing. Port-calling costs are the costs of all services offered to the vessel, ranging from access to quay or terminal, to pilotage, to the supply of water and bunkering, i.e. they encompass all ship-handling costs. Terminal-handling costs comprise costs for loading or unloading, storage, customs clearance, repacking and forwarding, i.e. they cover all services required for moving the cargo onwards through the port and down the supply chain. Terminal concession costs are the cost of acquiring a dedicated terminal.…

    • 2159 Words
    • 9 Pages
    Superior Essays