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Assignment - Australian Consumer Law - Desklib

   

Added on  2020-03-02

10 Pages3015 Words73 Views
Running head: BUILDING LAWBuilding lawName of the studentName of the universityAuthor note

1BUILDING LAWConsumer protection and fair trading in Australia are covered by the broad enactmentof consumer law in Australia. January 1, 2011 marked the effective beginning date of theAustralian Consumer Law. It must be mentioned at this point that both the Commonwealthand the state governments of Australia has worked in tandem to enact a consumer lawframework that is not only strong, but also addresses all the issues that are faced by theconsumers and the businessmen at large. In a general sense, the sale and purchase of land isalways for a purpose. Broadly speaking, when they are either purchased for a household or adomestic purpose, such sale contracts are governed by the provisions stipulated under theAustralian Consumer Law. Multiple instances of misrepresentation and fraud have beenreported in respect of the transactions relating to the sale of land in Australia. It has beenobserved that another important issue that the consumers in Australia have to face in respectof the purchase of land are the intentional unfair terms that are contained in the contract timeand again. Exhaustive statutes have been laid down under the Australian Consumer Law withregard to the protection of the Australian consumers from the evils of unfair terms andmisrepresentation in relation to the consumer contracts for sale and purchase of lands inAustralia. This assignment thoroughly discusses, in particular, the structure of protectivemeasures that has been provided by the Australian Consumer Law regarding the effect thatunfair terms and misrepresentation has on the transactions for sale of land.MisrepresentationIt has been stipulated in Australian Consumer Law Section 18, that all people who areinvolved in transactions in relation to commerce and trade must not act on or indulge inpractices that are based on deceptive or misleading information. This is primarily because ofthe facts that the very nature of the information renders the concerned act deceptive andmisleading. It has also been stated that the persons who deal in commerce and tradetransactions must also not act in a way that they had reason to believe may mislead or deceive

2BUILDING LAWthe consumers. A diverse facet of businessesis covered under this section includingcontractual agreements, commercial negotiations and advertisements. The determination ofwhether an act of a particular conduct is deceptive or misleading is a factual question. Theprovisions of this section also govern the conduct of people in the course of sale of land inAustralia. Section 18 further stipulates that the act or conduct of the persons does not have todeceive or mislead another individual to attract penalty but a mere possibility that suchconduct may likely do so is sufficient ground.Section 30 of the Australian Consumer Law governs misrepresentation in respect ofproperty transactions in particular. Section 30 Australian Consumer Law stipulates that aperson must not involve in misrepresentation in respect of sale or grant or future sale or grantregarding a property or the promotion of such property through the mechanism of sale orgrant of that property. Any act that false or misleading representation in respect of anindividual having an affiliation, sponsorship or approval in relation to the facilities andaccessories attached to the land, provisions in respect of the legal use of such land, thecharacteristics of such land, the location of such land, the land’s nature or the land in generalis regarded as misrepresentation. Any person transcending the provisions of this statutes isliable to be prosecuted with pecuniary penalty. It is also provided that the breach of theprovisions of this statute may also attract injunctions, damages through civil proceedings andremedial orders. It has also been stipulated that the transactions that do not exceed the amountof AU$ 40, 000 are governed by the statutes of Australian Consumer Law.The precedents provided by the courts over various landmark cases throw light on theconduct and actions that are generally regarded as misleading or false. In the landmark caseof Given v Pryor (1979) 39 FLR 437, the respected judges held that the scope ofmisrepresentation is not just limited to verbal statements but also covers other conducts,maps, implied or oral conduct, written statements, images, demeanour, plans and gestures. In

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