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BTF1010 Week 6 Lecture - Consumer Protection - Coggle Diagram
BTF1010 Week 6 Lecture - Consumer Protection
Overview of Australian Consumer Law (ACL)
Standards of honesty and fairness imposed that affect all players in market.
Dual Process
Protect Consumers
Prohibit misleading conduct, specific misrepresentations, certain unfair practices, unfair contract terms and unconscionable conduct.
Protect Competitors
Prevent competitors from gaining dishonest competitive advantage.
Need for Statutory Protections
Imbalance of bargaining power (help the smaller party, as they may be taken advantage of by bigger party)
Need extra protection (statutory) to prevent abuse.
5 Chapters of the ACL (p.221)
Administration of ACL
¬ Applies broadly to Australian citizens and residents, to natural persons and corporations.
¬ Everyone in Australia is protected by the ACCC.
Consumer Guarantees
ACL provides statutory guarantees of contracts for supply of goods/services to customers.
This is imposed by legislation and remedies are set out in ACL.
9 statutory guarantees
Acceptable quality
Fit for purposes for goods are supplied.
Acceptable in appearance and finish, free from defects, safe, durable.
Fitness for Disclosed purpose
Particular purposes made know to supplier by consumer, in pre-contractual negotiations.
Purpose made known to manufacturer directly or by supplier in pre-contractual negotiations.
Goods will work for purpose as described
Remedies for goods/services
Major failures
Cant be fixed
Minor failures
Can be fixed - repair, replace, refund
Limiting Liability
Cant exclude guarantees for consequential losses in contracts for supply of g/s - s 64(1)
Unfair Contract Terms
Caused imbalance between parties, and can cause detriment to a party
Statutory Unconscionable Conduct
3 Categories
Goods and services
Conduct against small businesses
Unwritten law
Remedies
Peduniary penalty
Damages
Injunction