The Legal Framework of a Business (Chapter 2) Flashcards

1
Q

What is the Australian Consumer Law (ACL)?

A

Legislation to put in place national consumer protection laws.

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2
Q

What is the Australian Competition and Consumer Commission (ACCC)?

A

A national law enforcement agency that enforces the ACL in different states and territories.

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3
Q

What is the definition of Misleading and Deceptive Conduct?

A

A business can nor make a false or misleading claim about the quality, value, price or benefits of products or services.

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4
Q

What section of the ACL does Misleading and Deceptive Conduct fall under?

A

Section 18.

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5
Q

What are the 6 examples of Misleading and Deceptive Conduct?

A
  • Bait advertising
  • Country of origin
  • Scientific claims
  • Fine print
  • Wrongly accepted payment
  • Offering prizes and gifts.
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6
Q

What is the definition of Bait Advertising?

A

Advertising a discounted product that is not in stock.

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7
Q

What is the definition of Country of Origin?

A

When a business makes false claims about the country of origin of products and their ingredients.

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8
Q

What is the definition of Scientific Claims?

A

Making scientific claims about products with no proof.

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9
Q

What is the definition of Fine Print?

A

Using small print and disclaimers to hide information and mislead customers.

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10
Q

What is the definition of Wrongly Accepting Payment?

A

A business must not accept payment for goods or services if it does not intend to supply the goods or services or knows it cannot supply the good or service.

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11
Q

What is the definition of Offering Prizes and Gifts?

A

A person who offers rebates, gifts, prizes or other free items in connection with the sale of goods or services must honour that offer.

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12
Q

What is the definition of Puffery?

A

Refers to the exaggerated claims about a product or service.

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13
Q

What is the definition of a Guarantee?

A

A promise offered to a consumer after the purchasing of a product or service which is enforced by the ACL.

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14
Q

What is the definition of a Warranty?

A

A written guarantee from the manufacturer of a product promising to repair or replace it within a specific period of time.

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15
Q

What are the 3 types of Warranties?

A

Voluntary, Extended and Statutory.

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16
Q

What is the definition of a Voluntary Warranty?

A

A warranty provided above the required statutory warranty, offered as a way to highlight the quality of products.

17
Q

What is the definition of an Extended Warranty?

A

A warranty that extends the original warranty beyond the statutory and voluntary period.

18
Q

What is the definition of a Statutory Warranty?

A

A warranty supplied to the consumer by the ACL, giving them a right to refund under certain conditions regardless of the warranty provided by the business.

19
Q

What is the definition of Product Safety?

A

The right for consumers to expect products they buy to work properly, without any risk of causing illness of injury.

20
Q

Who enforces the Product Safety Standards?

A

The Australian Competition and Consumer Commission (ACCC).

21
Q

What is the definition of Repair and Replace?

A

The consumer’s right to take a faulty or unsafe product back to the seller and ask the business to fix or replace it.

22
Q

What is the definition of an Ombudsman?

A

An official appointed to investigate complaints and oversee the admin of laws.