Consumer Case Studs And Legislation Flashcards

0
Q

What does the case of Johnson v buttress show?

A

Legislation provides guarantees that are implied in all sales of goods transaction.
For eg. The case of Johnson v buttress (1936), a will was successfully challenged under the grounds that an illiterate widower has been influenced by a relative.
The law in this case is capable of protecting a party who may seek relief due to coercion

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1
Q

What does the competition and consumers act 2010 (cth) outline???

A

The provisions that prohibits unscrupulous marketing and advertising practices is incorporated into the competition and consumers act,
Where consumers are defined to be as a person who acquires goods/services that are priced less than $40,000

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2
Q

What is another case furthering on from Johnson v buttress(1936)?

A

In 2011. It was further found under the contracts review act 1980, that the following deed of loam and mortgage in the case of fast Fix Loans Pty Ltd v samardzic NSWCA we’re unjust for it involved a decision where the borrower was disadvantaged

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3
Q

What case shows merchantable quality implied within the law?

A

The Australian knitting mills Ltd v grant (1933), grant succeeded in claiming negligence against manufacturer.

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4
Q

What case shows that a product much match it’s advertised description??

A

In Beale v Taylor (1967), the buyer was entitled to damages due to sellers false claim of car model

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5
Q

In what sections does suppliers have duty to warn consumer products considered dangerous and in turn, recall a product?

A

Under the ACL ss2128 and 201

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6
Q

What is one eg of product recall

A

Cadbury gold dark choc failed to declare milk solids of which it contained. It was later recalled

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7
Q

Who does the fTA regulates?

A

Regulates persons who link to Jew and what are not covered by fed law

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8
Q

What does section 20-22 do

A

Protects consumers against unconscionable conduct

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9
Q

Section 32

A

Protects from false claims of gift offer

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10
Q

Section 35

A

Protect from bait advertising

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11
Q

Sect 49

A

Referrals elling

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12
Q

Sect 69-90

A

Inertia selling

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13
Q

Sect 59

A

Coercion

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14
Q

Which act provides five day cooling periods??

A

The motor dealers act 1974 NSW

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