RUNNING HEAD: CONSUMER LAW Australian Consumer Law
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Added on 2020-04-21
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The legal rights provided to the aggrieved consumer (Lin) under the Competition and Consumer Act 2010 is a right to seek damages or rescission in case of breach of the statutory provision of the implied condition or warranty. The following legal remedies provided under Competition and Consumer Act 2010 is: As per the provision of s.80 (1) of an Act, the aggrieved may apply for the remedy of an injunction in order to prevent the misleading or deceptive advertising of the negligent company. The following defences are
RUNNING HEAD: CONSUMER LAW Australian Consumer Law
Consumer Law2Answer 1.The legal rights provided to the aggrieved consumer (Lin) under the Competition and Consumer Act 2010 is a right to seek damages or rescission in case of breach of the statutory provision of the implied condition or warranty. The following legal remedies provided under Competition and Consumer Act 2010 is:As per the provision of s.80 (1) of an Act, the aggrieved may apply for the remedy of an injunction in order to prevent the misleading or deceptive advertising of the negligent company. Further, the provision of s.86 D of an Act states that the authority of Australian commission on competition and consumer (ACCC) may direct order to rectify the misleading information of the negligent company. S.87 of an Act states the wide authority of court to vary any prejudiced nature of contractual relationship between consumer and a trader.The provision of s. 236 of an Act permits the aggrieved consumer to take action against damages results by the breach of the company. It is noted that the aggrieved consumer is liable to prove the result of contravention by the actof the trader in case of claiming legal remedies by the court (Griggs, 2011).Answer 2.The following defences are available in favour of retailer (Bing’s Appliances Private Ltd) andmanufacturer (ANCO Ltd) is that the provision of the Australian Competitive and Consumer Act the defence of the “state of the art” discusses the knowledge of technical knowledge inbuilt in any product. Such defence determines by the court with an issue whether the elements of “scientific” knowledge and “technical” knowledge are identified or not. Moreover, the retailer and manufacturer proves that the product is lack in all statutory requirement of “safety defect” according to the provision of Part 3 to 5 of the Australian Consumer Law (Corones, 2011).Incase of ACCC v Leahy Petroleum Pty Ltd[2007] FCA 794 where the retailer or manufactures proves all the three C’s of consumer law that isCommunication, Consensus and Commitment then those 3C’s grounds supports the defence of retailer or manufacturer against their anti-competitive conduct.
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