Australian Consumer Law

Question 1

ACCC - Australian Competition and Consumer Commission

Answer 1

• Protects consumer, and business rights and obligations and acts on behalf of all consumers as a group and consumers individually.

Question 2

Caveat Emptor

Answer 2

“Buyer beware”
- Warns for product defects
- Cannot recover damages from the seller for defects in goods that were sold

Question 3

ACL - Australian Consumer Law

Answer 3

Contains provision which allows contracts to be set aside for misleading or deceptive conduction.

Question 4

Examples of consumer guarantees for goods

Answer 4

• The supplier must have the right to see (s51)
• The goods must match their description (s56)
• The goods must be of acceptable quality (s54)
• The goods must be reasonably fit for any disclosed purpose (s55)

Question 5

Examples of consumer guarantees for services

Answer 5

• Services will be rendered with due care and skill (s60)- Services will be supplied within a reasonable time (s62)

Question 6

Unfair Contracts

Answer 6

• Court can declare a term of a contract to be unfair and therefore void - if the contract can’t operate without unfair terms, the court will end the whole contract.
• Acts as additional consumer protection

Question 7

Standard Form Contract Presumption

Answer 7

• Provision in the ACL about unfair contracts only apply to standard form contract
• A contract is presumed to be a standard form contract unless proven otherwise
  
  • Court will consider
  • Whether one party has all or most of the bargaining power
• Whether contract was prepared by one party before any discussion related to the transaction occurred.