Consumer Case Studs And Legislation Flashcards
What does the case of Johnson v buttress show?
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
What does the competition and consumers act 2010 (cth) outline???
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
What is another case furthering on from Johnson v buttress(1936)?
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
What case shows merchantable quality implied within the law?
The Australian knitting mills Ltd v grant (1933), grant succeeded in claiming negligence against manufacturer.
What case shows that a product much match it’s advertised description??
In Beale v Taylor (1967), the buyer was entitled to damages due to sellers false claim of car model
In what sections does suppliers have duty to warn consumer products considered dangerous and in turn, recall a product?
Under the ACL ss2128 and 201
What is one eg of product recall
Cadbury gold dark choc failed to declare milk solids of which it contained. It was later recalled
Who does the fTA regulates?
Regulates persons who link to Jew and what are not covered by fed law
What does section 20-22 do
Protects consumers against unconscionable conduct
Section 32
Protects from false claims of gift offer
Section 35
Protect from bait advertising
Sect 49
Referrals elling
Sect 69-90
Inertia selling
Sect 59
Coercion
Which act provides five day cooling periods??
The motor dealers act 1974 NSW