Consumer Law Flashcards
What is the name of the Act that covers consumer guarantees in Australia?
The Competition and consumer Act 2010
explain the significance of having an Australia wide set of consumer laws in place.
The Australian Consumer Law ensures Australian consumers have the same protections and expectations about business conduct wherever they are in Australia. Similarly, businesses have the same obligations and responsibilities wherever they operate in Australia. This stops people from transporting unsafe items over boarders. It also allows people to know their rights and responsibilities and feel safe.
Under what grounds can a return/refund be issued?
- Not fit for purpose
- Not as describes
- Not of acceptable quality
What is a major fault?
- a critical fault that would generally mean a consumer would not purchase the good/service. Consumer gets to choose the remedy.
what is a minor fault?
- can be repaired within a reasonable time. Supplier gets to chooses the remedy.
What can be presented as proof of purchase?
receipt, bank statement, serial number etc
What are the three types of consumers?
- passive
- aggressive
- assertive
what is negligence?
- Negligence: A party who has suffered a loss or damage resulting from the wrongful actions or inactions of another to claim compensation from the part responsible for their loss. No contract is necessary.
i. What is a consumer
A person is considered a consumer if they purchase:
- Goods or services that cost less than $40, 000.
- Goods or services that cost more than $40, 000 but are of a kind ordinarily required for domestic, household or personal use or consumption.
- A vehicle or trailer primarily used to transport goods on public roads.
ii. When would a business not be a consumer?
A business would not be considered a consumer if goods are purchased to be resold or to be transformed into a product that is sold. For example, the glue and nails needed to build a staircase.
iii. Who decides what is ‘reasonable’ in consumer law?
What is ‘reasonable’ depends on circumstance but is usually decided on by the court. ‘Reasonable’ is commonly held ideas or perceptions about a products/services life, quality or use.
why is it necessary to cover product safety under the consumer law?
Product safety is an important part of the ACL because it sets mandatory standards for safety and information of products. It gives customers important information and stops unsafe products being sold.
example of three government bodies who protect our safety.
- The federal police authorise seizures of contraband (drugs, weapons, poisons etc.).
- Fair trading QLD is the organisation which consumers can report breaches to. They ensure consumer and product safety.
- Local councils do health and building inspections.
scams:
Scams are actions undertaken to try and steal identification or money. There are common scams and personalised scams.
E.g. Interest scams often take place on the internet without the victim knowing. A personal scam can be a charity scam.
contracts:
A contract is an agreement made between two or more parties that is legally enforceable. Contracts can be written or verbal. A contract arises when one party makes an off and the other party communicates and intention to accept it.
You could be entering a contract by:
1. Signing a document
2. Selecting a product in a shop and paying for it at the Check-out counter
3. Clicking on an ‘I agree’ button on a web page.
It is unlawful for business to force or coerce you into entering a contract.
