Waiver Clauses and Consumer Law

This business law assignment examines the legality of waiver clauses in contracts, focusing specifically on the Competition and Consumer Act 2010 (Cth). The case study analyzes whether a defendant's inclusion of a waiver clause infringing upon consumer rights under the Australian Consumer Law constitutes a legal breach. The assignment delves into relevant legislation, applies the rules to the given scenario, and concludes with the defendant's liability for prosecution.

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 issue among others was that whether the defendant committed breach of any
law by including the waiver clause in the agreement.
Rules
No person has authority to waive any right or remedy which has been provided in the
Australian Consumer Law any such act will be liable for prosecution. According to provisions of
the Australian Consumer Law a supplier must not make any attempt to convince the consumer
to agree to waive any of his rights given under the law. If the supplier commits any such act of
inducement, he is said to have committed an offence (Competition and Consumer Act 2010
(Cth) s 64A).
Application
In this case the defendant has committed an offence by breaching the provisions of the
Competition and Consumer Act as he inserted a clause waiving the right of Chong to seek
protection under the Australian Consumer Law in case of any dispute without even declaring it
to Chong. The act of the defendant is in contravention of section 64A of the Australian
Consumer Law.
Conclusion
Therefore it can be concluded that the defendant was expected not to act in a way
whereby he could waive off the rights of the other party in a legal contract. The defendant is
liable for prosecution under the Act.

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