Rights and Remedies under Australian Consumer Law

Running Head: BUSINESS AND CORPORATION LAW
0
Business Law and Ethics
BUS203
5/3/2019
Student’s Name

BUS203 1
Contents
Issue.................................................................................................................................................2
Rules................................................................................................................................................2
Application......................................................................................................................................5
Conclusion.......................................................................................................................................7
References........................................................................................................................................8

BUS203 2
Issue
Whether Erin has any right in against of Aussale Company in respect to hair straightener, air
fryer and t shirt that she purchased for his family members and friends and which founds to be
not proper fitted, unsafe and different form provided description.
Rules
Australian consumer law is one of the significant pieces of legislation in Australia, which protect
the right of the consumer in Australia. This law is mentioned under schedule 2 of Competition
and Consumer Act 2010. Further, to state that the subjective law provides general protection to
consumers, that develop standard practices for businesses. Before moving further towards
guarantees and other provisions provided under this law, first, it is necessary to understand what
consumer refers to here. Section 3 of Australian Consumer Law (ACL) provides that a person is
termed as a consumer if the same acquired particular good that has a value of $40,000 or less and
such acquisition is for the domestic purpose (Australiancompetitionlaw.org, 2019). In other
words, this can be stated that if a person purchase goods that cost more than $40,000 or a person
purchase the same for the purpose of resale then such person will not be treated as consumer and
ACL will not protect the rights of such person. ACL provides certain guarantees that a supplier is
required to provide to the consumer. Here this is necessary to mention that as per the provisions
of section 8 of Electronic Transactions Act 1999, a transaction, which took place via electronic
communication mode, will be valid for the purpose of the law of the Commonwealth
(Legislation.gov.au, 2019). It means provisions of ACL will be applicable to electronic supplies
as well. Moving to guarantees provided under ACL, this is to state that such guarantees are
known as Statutory Guarantees. Section 51 to 59 of the act consists of guarantees related to the
supply of goods.
Guarantees Under ACL