Findlaw Consumerism

For example, a consumer has the right to expect a product which is safe to use in the manner instructed by the manufacturer. In turn, that manufacturer has a responsibility to create a product which is safe if used in the manner specified. If any dangers are present, they need to be displayed on the product or its packaging. As a consumer, if I already know what I’m getting myself into, then whatever the result in the end is was from my own doing, it was my decision to make and no one else’s, and I have no

The media article indicated that Coles was facing more than $4 million fines, as ACCC argued its behaviour of lying about bread freshness could constitute breach of consumer law (SMH 2015). As the total amount of fines could be considerable, along with a negative impact on reputation, Coles could have entered into financial distress. The reason I chose this article was that most Australian people shop in Coles every week, thus the case is closely related to our life which is worth talking about. Besides, the article covered issue of sales and non-compliance of law which often attract auditors’ attention. The event mentioned in the article posed a risk to auditors in terms of inherent risk. Inherent risk means an auditor fails to identify or correctly understand the business risks that could result in material misstatement (Clubb 2015b). It is apparent that Coles’ behaviour is a non-compliance of law, which is included in business risk (Clubb 2015b). Therefore, auditors need to better understand the event highlighted in the article to increase the possibility of uncovering material misstatement. Auditors are held accountable for the problem because the problem may relate to potential misstatement in financial statements. If an auditor fails to uncover the misstatement, it is likely that he or she will issue a false opinion. However, auditor should express a true and fair view to increase the confidence of the external

1.Whats consumerism ? Consumerism is defined by the preoccupation of society with the acquisition of consumer goods . Good morning/afternoon fellow classmates , today I’ll be discussing how the powerful images conveyed in Bruce Dawe’s texts Americanized and Abandonment of Autos, and a cartoon by Clay Butler, raise issues and concerns about consumerism.

First is the Consumer Act, their first right is to apply and know the consumer rights, because misleading trade practices is prohibited by the Act which is against the unfair or a fraudulent business

Consumer protection also imposes additional costs onto a business since it is mandatory that they comply with these laws. If they do not comply they risk fines and ultimately being put out of business by a court of law. The Consumer Rights Act is now operating in place of the Sales of Goods, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act. The Consumer Rights Act was introduced in October 2015 to simplify, strengthen and make clearer an individual’s rights when acting as a consumer. Similarly to the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described. Under the Consumer Rights Act individuals have a legal right to discard goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the product is bought. After 30 days the consumer will not be legally entitled to a full refund if the item develops a fault. With digital products such as apps or games consumers can ask for the product to be repaired or replaced if it develops a fault. And if this isn't possible, individuals have the right to receive a price

The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements

An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended.

Ethically the company will not have shipped out a known defective product but consumer moral will be lowered due to not receiving everything that they have paid for. The company operated morally but did not give the consumer what they asked for.

There is a literal conflict between the state and the federal measures, so that it is impossible to follow both simultaneously.

Businesses could be held liable for negligent tort if their product injury, harms consumers or is falsely represented. Nonetheless, when the circumstances warrant, parties that are not guilty of negligence or an unintentional tort can still be subjected to compensations when their products injure customers (Seaquist, 2012) Recall Negligence is an unintentional tort wherein one party is injured result to some actions of another. There are certain factors that must be considered to determines whether a corporation acted negligently. The elements are the following: a breach of that duty, legal duty to use due care, a reasonable close causal connection between the breach and the plaintiffs resulting in injury, and the actual loss or damage to the plaintiff. This paper is going to discuss a negligent tort due to a company’s recall of its product. The company may be considered liable for negligence if there was no recall on their product and the product caused bodily harm to a consumer (Benjamin, 2015). Throughout the paper will discuss the reason of Toshiba recalling their laptop computer battery packs due to burn and because of its potential to catch fire on March 30, 2016 and the recall number is 16-131. If the company did not make the decision to recall their laptop computer battery could have been diligent. To prove the negligent tort the consumer must prove factors such duty to care and defenses of negligence (Seaquist, 2012).

Thousands of dollars have been spent advertising his products and it is only fair that I seek damages for what was directly lost through the breached contract. If the supplier stops doing business with me then it will take time and extreme emotional discomfort to take back my adverting promises. If emotional distress or damage to my reputation occurs, I will seek damages for losses suffered related to the breached contract. (Kippenhan, 2017, p. 144)

Robert Briggs and his wife purchased a home located at 167 Lower Orchard Drive, Levittown, Pennsylvania. They made a down payment and borrowed the balance on a 30-year mortgage. Six years later, when Mr. and Mrs. Briggs were behind on their mortgage payments, they entered into an oral contract to sell the house to Winfield and Emma Sackett if the Sacketts would pay the three months’ arrearages on the loan and agree to make the future payments on the mortgage. Mrs. Briggs and Mrs. Sackett were sisters. The Sacketts paid the arrearages, moved into the house, and continued to live there. Fifteen years later, Robert Briggs filed an action to void the oral contract as in violation

Some people argue that it is acceptable for people in the United States to consume at high levels because their consumerism keeps the world economy going. What are the weaknesses in this idea? Although America’s consumerism may seem to help the economy of less fortunate countries, this rampant depletion has become financially and ecologically unsustainable. Globally, 86% of consumption expenditures comes from the 20% of the world’s people in first world countries, while the poorest 20% account for only a meager 14%. It seems that consumption has become a function of our culture. Only by generating and selling goods does capitalism currently work; and the more produced and purchased the more we have progress and prosperity.

Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.

The definition of goods is given as any tangible moveable items. Shoppers are now guaranteed a full refund up to 30 days after the purchase of the defective product. This demand for a full refund with a fixed time limit provides better protection for consumers as the duration was previously unclear and legitimate claims could be rejected by businesses due to prior legislation only providing refunds if within a reasonable time. This time limit is provided for under Section 22(3) which gives the consumer the right to reject the goods. After 30 days, retailers will be given one opportunity to repair or replace the defective product and this is dependent on the customer.