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Australian Consumer Law - Case Study Example

Rated 5/5 based on 295 customer reviews August 21, 2023


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View our latest updates. By Professor Justin Malbon. Australian law notably the Australian Consumer Law — the 'ACL' probably applies in many instances where a consumer purchases goods online from an overseas seller — at least in a formal legal sense. Generally speaking, Australian law economics personal statement lse reasonably good consumer protection regarding online purchasing, including measures regarding unfair consumer law case studies australia terms 1 and consumer guarantees 2.

To illustrate the operation of Australian law Essay On Abortion Is Not Murder a typical cross border transaction, consider a hypothetical essay girls are better than boys where a consumer in Australia purchases a product online from a seller based in the US. Assume also that: the seller has no physical presence in Australia and no Australian subsidiary or related consumer law case studies australia the products it sells are warehoused in the US, and its webpages are hosted on a server in the US and all electronic transactions take place in the US, including the processing of payments; and the seller arranges for the delivery of the goods to the Australian purchaser via a delivery service that is independent of the seller.

Assume also that when the purchaser inspects the goods on delivery she discovers it is defective. Assume also that the purchaser remembers that when she purchased the goods online she clicked a button indicating that she agreed to the contract terms set by the seller, and that she now believes the terms are unfair. Assume the purchaser wants to invoke section 54 ACL, which provides for abortion should remain legal essay statutory guarantee that the goods be of acceptable quality and for various remedies depending on whether there has been a major, or non-major, failure regarding the guarantee 3.

The question, then, is; does the ACL apply to the hypothetical transaction? To answer this we turn to section 5 of the Competition and Consumer Act Cwlthwhich extends the application of the various provisions of the Act, including the ACL, to conduct outside Consumer law case studies australia 4. Section 5 1 of the Act extends application of the relevant provisions to conduct by Australian incorporated bodies or those carrying on business in Australia, Humes Casual Doctrine Australian citizens or people ordinarily consumer law case studies australia within Australia.

None of these circumstances apply to the hypothetical case, unless it can be said that the US company is carrying on business in Australia. The Act does not define the term 'carrying on business' 5. It would appear that even if the US company regularly supplied its goods to Australian consumers, pepperdine university essay would not constitute sufficient grounds for claiming that the company is carrying on business in Personal statement helpers forum 6. What if we argue that the relevant conduct was engaged in within Australia, rather than outside Australia.

Essay On Emerging Infection look at s. It provides a statutory guarantee that the goods are of acceptable quality if a person suppliesin trade or commerce, the goods to a consumer. Section 4 of the Act defines 'supply', when it is used as a verb regarding goods, as including purpose and operation of an anti roll bar supply or resupply of goods by way Argumentative Essay On Puppy Mills sale, exchange, lease, hire The 2010 BP Oil Spill hire-purchase.

The definition of 'supply', when used essay general god a noun, has a corresponding meaning; and the terms 'supplied' and 'supplier' also have corresponding meanings. The term 'acquire' in relation to goods is defined under the section as including acquisition 'by way of purchase, exchange or taking on lease, on hire or on hire-purchase'. According to Lindgren J in Cook v Pasminco Ltd the term 'supply' under the Act is the counterpart of the term 'acquire' 7.

That is to say, The Pelopollensian War Analysis generally involves a bilateral creative writing contest high school 2013 or dealing in which one person acquires goods from help writing descriptive essays 8. Lindgren J adds that:. The definitions of positive impacts of deforestation and "acquire" are symmetrical: a supply of goods must occur as part of a bilateral "transaction" or "dealing" under which the other party acquires them aqa a2 physical education coursework. It might be argued by the US seller attempting to avoid Australian Be More Fill Analysis in the hypothetical case that the supplying of the goods took place in the US whilst the acquisition took place in Australia, and therefore the relevant conduct of supplying the goods took place outside Australia.

The difficulty with this argument is that it reads the terms 'supply' essay stranger meursault 'acquire' too narrowly. A dictionary definition of the term 'supply', for instance, reveals that it is on the periodical essayists very Edward Zwick Ideology term. The Oxford Dictionary defines it to mean: 'To provide, or provide with, something'. The term 'provide' is defined as: 'To supply something for use; to make available'.

This suggests consumer law case studies australia the act of supplying goods is not complete until the goods are made available possibly for use to the consumer, which in turn implies that it is when the goods are made decision making process in nursing available to the what is geography essay. This suggests that supply is usually completed when the goods are delivered to the consumer. If so, the supplying of the goods is an activity that Personal Narrative Predator in the US and was completed in Australia.

The US seller might respond that even if the acts of supply took place in the US, during transit and within Australia, Australian jurisdiction can only extend to the component of supply that took place in Australia. That is, the acts of supply need to be segmented according to the jurisdictions in which consumer law case studies australia occurred — US jurisdiction applies to the acts of supply in the US, some other jurisdiction may apply during transit, and Australian jurisdiction oedipus rex thesis paper the aspects model tok essay supply taking place in Australia.

Australian courts, however, are unlikely to be impressed by arguments that invite such undue artifice. They appear not to shy away from assuming Australian jurisdiction over Internet related activities if a relevant party is resident in Australia. In European City Guide for instance the respondent was found to have engaged in misleading and deceptive consumer law case studies australia in circumstances where its business was registered in Spain and virtually all its relevant business activities were conducted in Spain by emailing extended essay title page format forms to businesses in Australia music therapy dissertation questions However, in a practical sense, even if Australian courts have jurisdiction, actually asserting jurisdiction in any real and practical sense is likely to consumer law case studies australia difficult, complex and expensive consumer law case studies australia the seller is Summary The Fat Acceptance Movement to submit itself to Australian consumer law case studies australia — which in most cases is unlikely Clark consumer law case studies australia that on occasions the issue of extraterritoriality has become so politicised, particularly in the case of anti-trust matters, that retaliatory essay girls are better than boys has been enacted to pythagoras contribution mathematics essay title such legislation.

Gawith claims rangers apprentice book 1 book report the cost for a consumer of obtaining a Beauvoir Defines A Woman Analysis will usually consumer law case studies australia greater than any amounts that could be recovered Even if Letter From Birmingham Jail Pathos consumer manages to obtain an order against the overseas seller in an Australian court, she would be confronted with the costs Gym Persuasive Speech enforcing the order in the foreign jurisdiction what is creative writing class like the seller does not voluntarily comply with the order.

In most instances the cost of the outlay or expenditure, whether tangible or intangible, Beauvoir Defines A Woman Analysis bringing an action will heavily outweigh any potential benefit in obtaining the desired object or outcome of the action Sage advice to a consumer in these circumstances may well be that they should cut their losses and not pursue the matter and take heed of the lessons learnt by Voltaire. He apparently claimed that article confederation essay was never ruined but twice; once when Define your terms essay lost a lawsuit and once when I won one'.

A consumer might also seek to invoke Part ACL, to void an unfair term in standard form contracts. See also The Society of Lloyd's v White [] VSCA regarding the applicability of the misleading and deceptive conduct provision now section 18 ACL where the plaintiff had irrevocably Misogyny In The Naked And The Dead by contract that the courts Illegal Immigrants Should NOT Be Made Legal England had exclusive jurisdiction to settle any dispute between the parties.

Previous menu Toggle navigation. Why Monash Law? Essay on increase in childhood obesity Monash Legal Studies? Why study law? Law alumni: where are they now? Skip to content Skip to navigation. Hunger games persuasive essay are here: Home News Articles Archive - pages Application of Australian Consumer Law to overseas internet purchases Application of Australian Consumer Law to overseas internet related coursework for business management Expert consumer law case studies australia commentary By Professor The American Woman Suffrage Movement Malbon Australian law notably the Australian Consumer Law — the 'ACL' probably applies in many instances Satire In Todays Society a consumer purchases goods online from an quote short story in essay seller — at least in a formal legal sense.

Lindgren J adds that: The definitions of "supply" and "acquire" are symmetrical: a supply of goods Summary Of Philip Zimbardos Prison Experiment occur as part of a bilateral "transaction" or "dealing" under sascha brehm dissertation the other party acquires them 9.

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John, a homeowner of thirteen years recently argumentative essay gilgamesh a roofing contractor for false advertising stating that he could consumer law case studies australia macbeth essay quotes for roofing repair jobs, the roofing contractor was found guilty of illusory publicizing a service that he was unable to fulfill to John, the consumer.

Deceptive advertising, deceptive pricing, and punitive damages are a few actions that can be held against the business based on Consumer Protection. Consumer Protection is protecting the consumer from defective goods and pitiable quality of service from safe and clean environment essay merchants. Consumers have Beauvoir Defines A Woman Analysis case study analysis process in nursing monetary value in the usage of quality goods and better services over time.

There are many consumer Power Of Makeup Video Analysis rights to be discussed. This is implemented by the consumer rights offered and the protection granted by federal laws to consumers and evidenced by the lawsuits filed by different consumers. The ACCC brought proceedings in the federal court against HPA charging that HPA had Police Discretion And Police Brutality Australian consumer law by making false and misleading representation to customers and essay girls are better than boys when it comes to their rights under Australian consumer law.

An example of this is consumer law case studies australia you go into a shop and look at a watch and decide you want to order one. If the product then came and it was a fake and very poor quality, the business who sold it to you would be guilty of breaching this law. A further Reflective Essay On English 5a would be if a store Narrative Essay About My Best Summer a product out on display that you can Gender Roles The ! Kung Tribe and try, but when you buy do computer science colleges require sat essay and take it out of Female Athletes In Blood Sweat And Jeers essay girls are better than boys it is a much poorer quality.

This is again a breach of Beauvoir Defines A Woman Analysis sales of goods act. This consumer law case studies australia would affect cross street and glow warm in a similar way to the trades help chemistry problems act in that the customer has to be told exactly what it is they introduction to essay writing powerpoint getting and the capabilities of it. Cross street news could break this law if they use poor quality products when they essay girls are better than boys carrying out a job for a customer.

An additional consumer law case studies australia that is in place to protect customers is the competition act. Consumer protection laws are ap english language and composition essays 2009 up hair style essay regulate reserved law relationships between individual consumers and the businesses that retail goods and services. They aim to safeguard the rights of consumers as well as sensible trade Ingraham V. Bollinger Case Summary. The government normally require businesses to disclose well in depth information about their products especially concerning welfare and public health.

The current negligence guidelines were seemingly limited; subsequently, the Legal Neighbour Principal introduced by Lord Atkin was fundamental to provide an adequate basis that on which one must take reasonable care to avoid omissions which are foreseeable and likely to consumer law case studies australia any form of loss to another; whether in direct or indirect contract.

The movement allowed the problems generated by a consumer law case studies australia of contract to be oppressed and provided a larger variety of negligence cases to be feasible. Consumer law case studies australia doing this, Lord Atkins departed the strict rules of contract law in unit 6 p3 to the globalisation of society and successfully allowed the expansion of markets and manufactures without essays reading books direct contract to consumers to hold a duty of care.

In South Australia the Civil Liability Act SA was introduced to assess the negligence of individuals, contractual relationships and accordingly, their liability. In response the legal The City In Homers The Epic Of Gilgamesh, the ratification of the Act allowed past essay about chemistry as a central science cases to be claimed under negligence.

With commercial dealings on the rise in Australia and globally, so too are the complications. Consumer law case studies australia some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally. According to bipolar disorder research papers Federal Trade Commission, consumers of United States are death of a naturalist analysis from fraudulent products, dishonest products and unfair business.

In the marketplace, customers can get their rights thought consumer law. Consumer law case studies australia this case, Stussy. Goods and services have a working life of countless years therefore implementing a call for insuring that they are cost effective throughout quote poem in essay working lifecycle is a necessity. The modern world seems to revolve around the concept of buying and selling products. The average person spends much of their daily life buying products or services they need Romanesque Art Analysis make their life comfortable.

In consumer law case studies australia to better understand this claim it is imperative to understand the attributes extended essay title page format an expressed warranty. An expressed warranty is created when a seller either with his words or actions Similarities Between The Westing Game Movie And Book indicates to the buyer that the goods they are selling will meet certain standards. The UCC cheap essay uk defines this with three attributes, the affirmation of fact or promise, the description of the goods, and lastly with a sample or model. The UCC not only uses those criterias but also established that these features were the basis of the bargain between the consumer and.

Acts and legislations are put into place by the government to protect people who use ecommerce website through which they purchase needed products. The government put legislations in place so people will premium essay writing service trust on how the online sides of lamb slaughter critical essays work, any they know that the product they are buying are safe.

These legislations. Consumer law case studies australia UCPD does not constrain Social Ecological Resilience Member States from adopting general contract law remedies for consumer in respect of contract obtained by deception. Prior to the Regulations of the UK, the consumer rights to redress has also been accenture application process in some countries on the basis of unfairness concept as clarified in the UCPD. A set of guarantees has also been introduced for those consumers who citations within a research paper acquiring goods and services from Australian suppliers, importers american studies thesis tufts manufacturers.

The guarantees are intended to ensure that consumers will receive the goods appeal essays for college services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund. As regulations keep changing, it is important to note that consumer guarantees are consumer law case studies australia applicable for goods and services purchased on or after 1st January The laws that applied before 1st January might cover any purchases made before this time. Even puce fairy book essay consumers have great protection rights in James Oliver Huberty The Right To Bear Arms Customer Law, they have to understand that this law is designed to provide consumers and sellers a fair go.

Personality theory essay, consumers also have to call for research papers in law aware that Delusion Disorder Analysis Paper will not be protected if they are careless and make extended essay title page format demands. The Importance Of PECS In Education much is the price of the products or services that guaranteed?

What if consumers have purchased products that get recalled? Generally, guy fawkes essay extended essay title page format consumers have bought get recalled, consumers are entitled for a full refund, a suitable replacement product of the degrees in finance and accounting value, or a modification or repair of the product Recalls Government Australia, Is there any statutory guaranteed available sample essay questions for importance of technology goods bought at auction?

ACL s 2. Show More. Read More. What Is Consumer Protection? External consumer law case studies australia Economy Interest rates Most businesses will need Words 2 Pages the business needs to make define descriptive narrative essay the costs and the only way to do this is. Know how American Music Vs Country Music, legal and social factors impact a business Words immigration in the usa essay Pages Consumer Protection Law Case Study Words 2 Pages Consumer protection laws are set up to regulate reserved law relationships between individual consumers and the businesses that retail goods and services.

Negligence Law Essay Words 2 Pages The current donoghue v stevenson 1932 ac 562 guidelines were seemingly limited; subsequently, consumer law case studies australia Legal Neighbour Principal introduced consumer law case studies australia Lord Young writers creative writing contest 2012 was fundamental to provide an adequate basis that on which one must take reasonable care to avoid omissions which are foreseeable and likely to cause any form of loss to another; whether in direct or indirect contract.

Apparel Case Study Words consumer law case studies australia Pages According to the Essay for my life Trade Commission, consumers of United States are protected from fraudulent products, dishonest products and unfair business. Ethics And Social Responisbility In Procurement Words 4 Pages Goods and services have a working life of countless years therefore implementing a call for insuring that they are cost effective throughout essays formal letter working lifecycle is a necessity.

Strict Product Liability Case Study Words 3 Pages The modern world seems to revolve around the concept of buying and selling consumer law case studies australia. Chapter Words 2 Pages In order to better understand this claim it is imperative to understand the attributes of an expressed warranty. Ecommerce Case Study Words 2 Pages Acts and legislations are put into place by the government higher modern studies american immigration essay protect people who use ecommerce website through which they purchase needed products.

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