Consumer Law and Waiver Agreements

This assignment analyzes a case study involving Jason and Chong concerning a potential waiver of consumer rights under the Competition and Consumer Act 2010 (Cth). The analysis explores whether Chong effectively waived his consumer protection rights by signing a purchase agreement containing a waiver clause, considering the circumstances surrounding the agreement's execution. The assignment concludes that Chong's alleged waiver is invalid due to potential fraud and lack of understanding on Jason's part.

Running Head: CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 1
Assignment on Business and Corporations Law
Name of Student
Name of University

CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 2
Issues
One of the issues was whether Jason can claim that Chong has waived his right to
protection under Consumer Law by signing the purchase agreement.
Rules
According to provisions of the consumer law if a supplier induces a consumer to waive
his rights he is considered to have committed an offence which is punishable with penalties
(Competition and Consumer Act 2010- Schedule 2 (Cth) s 90).
Application
In the instant case the defendant took signature of the plaintiff on the waiver agreement
by mean of fraud as he knew that the latter has difficulty in understanding English language.
The general law regarding an agreement is that the court will presume that the parties have
signed the contract only after reading it and they have a clear understanding of the terms of the
contract. The court still has a discretion with regard to special cases where if the court finds any
ambiguity with regard to the conduct of either of the party the court may take actions
accordingly. The defendant committed a breach of law by not telling the plaintiff about the
waiver clause. Further no person can in any case exclude the right of his counterpart to enforce
his right in a court.
Conclusion
The defendant in the instant case cannot take the plea that the plaintiff has waived his
right to approach court as it will altogether frustrate the purpose of the consumer law.

CLWM4000 BUSINESS & CORPS LAW T2 2017 ASSIGNMENT 3
Reference List
Competition and Consumer Act 2010- Schedule 2 (Cth).