‘Assess the effectiveness of the legal system in protecting consumer rights’
I INTRODUCTION
In regards to assessing the effectiveness of the Australian legal system in protecting consumer rights there are a number of areas, which must be critically examined.
A clear understanding of the definition of consumer rights is a critical component to this analysis, as this will determine which areas of the legal system are in scope, relevant and need to be included in this assessment.
In order to comprehensively assess the effectiveness of the legal system in regard to protecting consumer rights, both positive aspects and areas, which require improvement both need to be considered.
The essay will firstly explore what is clearly working within the system in support of protecting consumer rights. The ACL will be looked at in detail with a focus on product safety as an example.
The second part of the essay will focus on the current gaps that exist in the legal system in which is impacting the consumer. The essay will then conclude with a summary statement to wrap up all assertions made throughout the piece.
II HOW DOES THE LEGAL SYSTEM PROTECT CONSUMER RIGHTS?
A. What is a consumer right?
In order to complete a fair assessment of the legal system in protecting consumer rights, the definition of consumer rights must be clarified.
In s3 (1) and (2) of the ACL the meaning of consumer is set out. A consumer is a person taken to have acquired particular goods or services Personal
This new ACL also cover consumer guarantees. They create a single set of statutory consumer guarantees replace the old system of conditions and warranties in the Trade Practices Act. The guarantees modernise and clarify the operations of the law on consumer rights in relation to goods and services and align Australia’s law with the New Zealand Consumer Guarantees act 1993.
Rights are legal, social, or ethical principles of freedom or entitlement. Rights are the fundamental normative rules about what is allowed of people or owed to people, according to legal systems, social convention, or ethical theory.
Discuss if you believe it is possible for a company to cater to both its best interest and that of the consumer conjointly or if one always has to prevail. Justify your response.
Rights are a legal entitlement that people are either born with or obtain at a certain age and it requires certain
| A consumer is an individual/organisation who buys a good/service for their personal use. They are a key stakeholder in some business’ as they are the primary source of their revenue.
This case is about the Customer Service at American Vinyl Products. AVP is a vinyl and plastic manufacturer. In the text , they describe a fax that was sended from one of their big clients called American Performance Car. This fax was a complaining letter due to the poor customer service of AVP . Now , American Vinyl Products need to find a solution in order to provide a quality , efficient and effective customer service to all of their clients and to provide their solution to American Performance Car. The main issues that AVP has are :
rights to not be harmed or discriminated by other people. One protects us from violence and
The also had to identify basic natural rights and protect them. This means that they had to give examples just like I did in the previous paragraph. They had to write in way to be able to protect everyone's natural human rights. Natural rights
Consumer protection laws are federal and state statues governing sales and credit practices involving consumer goods. Consumer Product Safety Commission, Unfair or Deceptive Trade Practices, Truth in Lending Act, Fair Debt Collection Practices Act, Warranties and Consumer Remedies are laws that were establish to give the consumer a fair shake at buying or borrowing money. Goods that were purchase or service for personal use were presumed fair that buyers and sellers would bargained for equal positions. The consumer protection is a law that has to contribute to safety, protecting the health of consumers and the economic interest of consumers. Local trade practices consider unfair or deceptive may fall with Federal Trade Commission laws and regulations and have an effect on interstate commerce. Federal and state laws governing sales, credit financing and reporting, product quality, leases, sales practices, debt collection and other aspects of consumer transactions may be regulated as deceptive trade practices. Consumers are protected by several types of agencies and statues that are enforced by state and federal laws. Today many of consumer protection issues are involve with the
The law should on all occasions strive to not exist as a separate sanctity to society. As much as possible, governments and judicial bodies should aim to include the public in the creation, maintenance and amendment of the law. The community consultation process of law reform is a vital cornerstone to societal inclusion in the lawmaking process. It allows the people living through the law reform experience to share their own insight and opinion, allowing major societal influence in the creation of legislation and other legal principles. The current law reform environment does allow some hinderance to the consultation process, through the overcomplicating of documents, or time restraints, however with minor adjustment, this system
a right is an entitlement to act or to have others act in a certain way.
A consumer is an individual who is not acting for the purpose of a business and outside that individual’s trade or profession. The aim of the CRA 2015 is to provide consumers with confidence when purchasing goods and services in the modern market. The Act intends to modernise the law, thus making it easier for
There is a stated thesis in the introductory paragraph, “However, as long as the company let the consumers
The Cunningham’s objective of their research was to determine how many individuals in various sectors of society know about the consumer protection laws and their rights as consumers. These were included, but not limited to false advertising, false retail advertising, credit regulations, credit cards, labeling, truth in lending and deceptive retail practices. These authors view the consumer relatively weak due to a lack of knowledge. They also feel the low incomes are no match for the sophisticated marketer. There these authors are interested in equity. The most important implication derives from the lack of information demonstrated by all income segments of the consumer sample. This situation suggests that what is needed is not more and tougher laws, but rather more information made available to ore individuals concerning their rights as consumers. The present research has demonstrated that one other variable is important: with the exception of a few areas of the law, both consumers and attorneys know very little about their rights as consumers. This was particularly true in areas such as door-door selling, false or deceptive advertising, false or deceptive retail practices. More and better information concerning consumers’ rights must be provided to individuals of all
In order to fully answer the question we must be able to fully define rights and discover how they relate and help democracy. Rights can be broken down into a number of sub categories and in this essay we will discuss the meaning of Civil and political rights but first and fore most “rights” are a number of civil, juridical and ethical rights of entitlement or liberty and are a set of regulating rules that allow people entitlement or to be owed to them. Rights are fundamental to many disciplines such as law and ethics. Civil and political rights are a branch of rights in which we will discuss, Civil and political rights are used to