Australian Consumer Law Essay

Now I shall talk about how the Australian Constitution. It’s common knowledge to know that a constitution is pretty much the law of the land and a foundation of the laws that rule there. Constitutions are very important for countries to have. Helen Irving explains in The Oxford Companion of Australian Politics that, “Its Preamble records the agreement of the six Australian colonies to federate in 1901 and to remain together as ‘one indissoluble federal Commonwealth’.” The Australian Constitution was written as a bill when the colonies met in 1890. The constitution has a full draft by the end of 1891 but colonial parliaments failed to pass it (Irving).

Australian laws have two forms, public and private law. Public law is an individual versus the Australian government, for example, criminal law, constitutional law and environmental law. It involves public bodies, public matters and is the concern of everybody in Australia. Private law involves disputes between private citizens or entities, for example, contract law, family law and probate laws.

*provide protective clothing or PPE free of charge if risks can't be removed or adequately controlled by any other means

Coles claims and advertises that its bread is ‘baked today, sold today’ and ‘freshly baked in-store’. It was found that the bread was not, in fact, baked in Australia, but partially baked months earlier in overseas factories. Coles accepted a guilty verdict and claimed that new packaging was already being produced. Coles could face fines of up to $1.1 million per breach. This demonstrates how effective the ACCC is in enforcing the ACL but penalties may not be harsher enough. For a large business, like Coles, $1.1 million is not that much of a penalty compared to the profits it makes.

In this task, Customer of Legislation, I will discuss the five main acts of parliament that the legislations are made for the business. The legislation is a law, which there are five for businesses, which everyone must follow the law, however, the ideas of Laws in a business are made by the government to make sure customers of a business are protected from a business by the five Acts of Parliament. These Laws of parliament will make sure the Business follows the rules for customer’s protection purposes. However, if they don’t follow the rules, the customers could be harmed; the businesses must be honest to customers; the business must not take advantage of customers.

You submit to the jurisdiction of the Courts of the Australian State or Territory whose laws apply to this Guarantee and Indemnity and the proper jurisdiction of any other Court.

However with a recent act passed by the government maybe it doesn’t go far enough in preventing businesses and its practices from protecting consumers. But with implementation, it’s the ensurance of what businesses ultimately do o in the best interests of the American people.

Elvis Eggplant has induced Mr Manfredi to purchase the café HappyHippie by inflating financial accounts by 60% and supplying misleading information about future profitability of the cafe. This essay will argue there is sufficient evidence to establish that Elvis Eggplant has given misleading information to pursue Mr. Manfredi to get into a contract to buy the café HappyHippie. Mr. Manfredi could pursue damages and rescission against Elvis Eggplant under Australian Competition and Consumer Act 2010 S 18 for fraudulent misrepresentation.

This essay will review the Consumer Protection from Unfair Trading Regulations 2008 (as amended) (‘CPUTs’) to assess how they are responsible for the operation of the Internal Market and consider whether the CPUTs have accomplished its objective of consumer protection. This essay will first explain the Internal Market and the significance of regulation and then proceed to demonstrate how the CPUTs enable the Internal Market to function properly and its protection of consumers.

Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties

Barnes, separately, had commenced proceedings in the District Court of NSW. Both proceedings were transferred to the Federal Court and heard with the proceedings issued by the ACCC. The judgment on this case was delivered on February 27, 1998 six years after Australia passed a statutory code dealing with defective goods in 1992 sixty years after the verdict on the Donoghue v Stevenson’s case.

The new consumer protection with this law is that applications such as loan and credit cards must be easy to understand. For example there can’t be any “fine print” that is tricky or hard to understand and there cannot be any hidden fees. Next time banks take big risk and fail the government will no longer bailout them on the reason “too big to fail”. If the bank fails because of their business practices; just like any regular mom and pop store it closes and files bankruptcy.

The law of unfair terms in consumer contracts have experienced changes over the years, the most significant of which was the Consumer Rights Act which came into effect on October 1st 2015. However, before the Consumer Rights Act 2015 (CRA 2015), unfair terms in consumer contracts were covered under two pieces of legislation; the Unfair Contract Terms Act 1977(UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) . The UCTA 1977 and UTCCR 1999 provided liability for transactions occurring in the course of a business as well as business and consumer contracts. Both UCTA 1977 and UTCCR 1999 provided protection for consumers from terms in a contract so as to prevent them from being at a disadvantage for not read contractual terms and conditions. The UCTA 1977 defined a consumer under s.12 (1) (a); as a party dealing not in the course of a business and not holding himself to do so; while in s12 (1) (b) the other party is acting in the course of a business. The UTCCR’s definition was very narrow, Regulation 3 stated that a consumer must be a natural person that is not a legal person e.g. a company who contracts outside his business.

This essay will analyse the Consumer Rights Act 2015 (‘CRA 2015’) as it is a significant element of the government’s reform of consumer law in the UK. The Act has been lauded as an immense upheaval of consumer law due to the integration of eight existing pieces of legislation into one. The complicated regulations regarding goods and services that consumers and businesses struggle to comprehend will no longer apply under the Act.

The objective of this paper is to identify and analyse the policies specified by government and organisations for the protection of consumer interests and the role of ethics in consumer choice. It also analyses the role of ethics in consumer culture and give examples of how the service sector reacts to it.