Australian Consumer Law
Added on 2023-01-03
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Australian
Consumer
Law
Running Head: Australian Consumer Law
0
Consumer
Law
Running Head: Australian Consumer Law
0
ACL 1
Contents
Question 1.................................................................................................................. 2
Question 2.................................................................................................................. 3
References................................................................................................................. 5
S t u d e n t N a m e
S t u d e n t N u m b e r
S u b j e c t N a m e
S u b j e c t C o d e
9 / 1 / 2 0 1 9
Student’s Name
Contents
Question 1.................................................................................................................. 2
Question 2.................................................................................................................. 3
References................................................................................................................. 5
S t u d e n t N a m e
S t u d e n t N u m b e r
S u b j e c t N a m e
S u b j e c t C o d e
9 / 1 / 2 0 1 9
Student’s Name
ACL 2
Question 1
Australian Consumer Law is an area of law that protects the consumer from
unfair trade practices. The provisions of the subjective Law (hereinafter referred to
as Australian Consumer Law) may be found under schedule 2 of Competition and
Consumer Act 2010 (Consumerlaw, 2019). ACL prescribe some consumer
guarantees with respect to the supply of goods as well as the supply of services.
Here this is necessary to state that only a consumer can avail these guarantees.
Now in such a situation, another issue is to check who is a consumer for ACL. This is
to state that as per section 3 of ACL, a person is known as a consumer when he/she
who acquires some and value of such goods is no more than $40000
(Australiancompetitionlaw, 2019). Further, the person is also treated as a consumer
in those cases where the value of such goods is more than $40000 but such
acquisition has been made for domestic or household purpose. In different words to
say that if the value of purchased goods is more than $40000 and such purchase
has been made with the intention to resale then the purchaser cannot be treated as
a consumer and no protection will be granted to him/her under ACL.
The definition of consumer is quite broad and it also includes a person who
receives goods in a gift. As per section 266 of ACL, a consumer who acquire goods
from a supplier and gift the same to other people then such other person receives
all the rights against supplier same as a consumer. In the case provided hereby,
James purchased the wine and in such a manner, he was the real consumer of the
case. Later on, he given the wine bottle to his mother Betty and also accepted
reimbursement of the same. Being the consumer James had the right to exercise
guarantees mentioned under ACL in against of Barossa Vally Mountain Wines Pty
Ltd. As soon as he handed over the wine to his mother, all his consumer rights also
transferred to Betty. Betty in this manner has the right to exercise consumer
guarantees as she was the recipient of goods and even made payment for the
same. Here the conduct of James will not be treated as resale because the intention
was not to carry any commercial activity.
Section 259 states that claim for damages for breach of guarantee must be
made within 6 years from the date of cause of action arising (Legislation, 2019).
Question 1
Australian Consumer Law is an area of law that protects the consumer from
unfair trade practices. The provisions of the subjective Law (hereinafter referred to
as Australian Consumer Law) may be found under schedule 2 of Competition and
Consumer Act 2010 (Consumerlaw, 2019). ACL prescribe some consumer
guarantees with respect to the supply of goods as well as the supply of services.
Here this is necessary to state that only a consumer can avail these guarantees.
Now in such a situation, another issue is to check who is a consumer for ACL. This is
to state that as per section 3 of ACL, a person is known as a consumer when he/she
who acquires some and value of such goods is no more than $40000
(Australiancompetitionlaw, 2019). Further, the person is also treated as a consumer
in those cases where the value of such goods is more than $40000 but such
acquisition has been made for domestic or household purpose. In different words to
say that if the value of purchased goods is more than $40000 and such purchase
has been made with the intention to resale then the purchaser cannot be treated as
a consumer and no protection will be granted to him/her under ACL.
The definition of consumer is quite broad and it also includes a person who
receives goods in a gift. As per section 266 of ACL, a consumer who acquire goods
from a supplier and gift the same to other people then such other person receives
all the rights against supplier same as a consumer. In the case provided hereby,
James purchased the wine and in such a manner, he was the real consumer of the
case. Later on, he given the wine bottle to his mother Betty and also accepted
reimbursement of the same. Being the consumer James had the right to exercise
guarantees mentioned under ACL in against of Barossa Vally Mountain Wines Pty
Ltd. As soon as he handed over the wine to his mother, all his consumer rights also
transferred to Betty. Betty in this manner has the right to exercise consumer
guarantees as she was the recipient of goods and even made payment for the
same. Here the conduct of James will not be treated as resale because the intention
was not to carry any commercial activity.
Section 259 states that claim for damages for breach of guarantee must be
made within 6 years from the date of cause of action arising (Legislation, 2019).
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