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Consmer Protection - Coggle Diagram
Consmer Protection
Unfair Contract Terms
The parties look at terms agreed in contract, if term is unfair, term will be struck void and contract with continue without it
Standard form contract: relates to looking at bargaining power/liability to negotiate; "take it or leave it"
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We've looked at contracts as agreements but's important to recognise the general principles of honesty and fairness, to protect consumers, regardless of what a contract states
Dual Purpose
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There are many situations where its 'take it or leave it', where there is no negotiation and you must follow their terms in order to take part in the product/service they're offering.
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Valve v ACCC; online customers in Aus, no physical presence in Aus.
Consumer Guarantees
The ACL provides statutory guarantees in contracts for the supply of goods and services to consumers. It's like an exclusion clause, although these terms are applied regardless of what the contract states.
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Exceptions
1. Where goods are not "ordinarily acquired for personal, domestic or household use', the supplier can limit its liability.
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2. Recreational services exception: recreational activities, supplier can limit liability for death or injury