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Australian Consumer Law || Australian Legal System

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Added on  2020-03-02

Australian Consumer Law || Australian Legal System

   Added on 2020-03-02

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Australian Consumer Law
Australian Consumer Law || Australian Legal System_1
Table of ContentsIntroduction.................................................................................................................................................2Misrepresentation........................................................................................................................................2Unfair Contract Terms.................................................................................................................................5Conclusion...................................................................................................................................................7References...................................................................................................................................................81 | Page
Australian Consumer Law || Australian Legal System_2
Introduction In the Australian legal system, the formation of Australian Consumer Law (ACL) is a significantstep towards dealing with the concern of fair trading and consumer protection. It is the result ofbroad cooperative reform that has been conducted by the Commonwealth and territory and stategovernments. It is with the help of this piece of Legislation, wherein actions can be taken againstindividuals and businesses breaching ACL. Thus considering the above discussed aspects, the present assignment would highlight on waysin which ACL impacts developers selling land. In this context, the impact of ACL on developersselling land will be discussed with particular emphasis on misrepresentation and unfair contractterms. Misrepresentation In order to discuss the impact of ACL on developers selling land in regards to misrepresentationand unfair contract terms, it is essential to discuss the concept of ACL. It is the result of widerange of cooperative reform performed by Commonwealth and territory and state governments.It mainly deals with fair trading and consumer protection. The piece of law replaced TradePractices Act 1974 and is a schedule to Competition and Consumer Act 2010. ACL is beingadministered by Australian Competition and Consumer Commission (ACCC) (Ross et al.,2013). In cases associated with the breach of the law actions can be taken against the responsibleindividual. The aspects covered under ACL include supply of services or goods, grant or sale ofinterests in land and the supply of financial services or products. In the context of real estate transactions, ACL is associated with general ban on deceptive ormisleading conduct in trade or commerce. In real estate transactions ACL also imposes generalban on unconscionable conduct in trade. Under ACL, the provision exists for making unfaircontract terms void in consumer contracts. Specific unfair practices can be banned in trade andcommerce under ACL (Miller, 2010). Under ACL in real estate transactions, the consumer’sgoods safety and product related services are required to be maintained. The enforcement andformulation of information standards are also required to be maintained under ACL. 2 | Page
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