Consumer Protection Laws and Law of Torts : Report

Added on - 22 Jul 2020

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CONSUMER PROTECTIONLAWS AND LAW OFTORTS
Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION 1..................................................................................................................................1(A)................................................................................................................................................1(B)................................................................................................................................................3QUESTION 2..................................................................................................................................6REFERENCES..............................................................................................................................10
INTRODUCTIONOne law for all Australian consumers and businesses are there, so it doesn’t matter whereperson is living in this country and it brings rights and obligation of customers as a trader.Australian Consumer Law is national law for doing fair trading and consumer protection. It hadframed many rules and regulations to protect the rights of every individual from any prohibitedactivity. Nowadays, it is essential for people to know about these laws so that they can defendtheir rights1. Moreover, if any individual is doing business, then it is crucial for them to seekwith all these rules and regulations in order to protect their rights. In this report, detail discussionon Australian Consumer Law has been done and what remedies will available to person if theybreaching any law under and framework. Further, different case studies have been discussedwhile applying rules and regulation of ACL.QUESTION 1(A)Issue: In given case scenario, Liddy Bindu is living in remote Indigenous community andtaken is shop in Yarrabah on lease. She running a Native Food and herbs Café for localcommunity people. Now, Liddy is 70 years old, suffering from many health issues such as; pooreyesight, speaking aboriginal languages. Her landlord was Bob Shifty when he came to knowabout that Liddy is facing so many health issues, then he presents new lease contract for ‘NativeHerbs & Tea Café. He was forcing her to sign the document otherwise he will rent the shop toanother tenant. So, Liddy sign the document without looking over to that deed.Rule: As per provision of provision of Australian Consumer law, it provides legalframework regarding consumer policy and having overreaching objectives which emphasisconsumer confident, effective competition and fair trading. ACL includes protection ofconsumers against unfair contract term. These contracts are often prepared by businesses andpresented to customers2. There is some standard form of contract which is promoting smoothfunctioning of economy by avoiding additional cost. It depends upon parties that what type ofcontract they are forming.1Adekile, O. M., 2013. Compensating victims of personal injury in tort: The Nigerianexperience so far.Acta Universitatis Danubius. Juridica.9(2).2Ayeh, J. K., Au, N. and Law, R., 2013. Predicting the intention to use consumer-generated media for travel planning.Tourism Management.35. pp.132-143.1
According to section 21(1) of unconscionable conduct, it states that a person must not bein trade or commerce in connection with:(a)Possible supply of products or services to person (it does not include publiccompany), or(b)Acquisition or possible acquisition regarding purchase of goods or services from aperson (not from public company).Engage in conduct that is, in all circumstances are unconscionable.This section prohibits unconscionable conduct which are executed in connection withcommercial supply of goods or services to both domestic or consumer transaction and thesewould be frequently applied in landlord-tenant disputes. These legislations are provided whereperson unfair prohibited from particular terms and conditions. So, protection is allowed review toindividual only as per provision rather than reviewing overall contract.While forming any contract it is responsibility of landlord to specify all terms andcondition, free consent and should not force any person to come into agreement3. All theseelements must be included while signing any document so that defendant get right to framecontract with free consent.Further remedies are also available if any person breaches Consumer protectionprovision. With the exception of section 18, misleading or unconscionable conduct (section 20-22), contravening unfair practices under section 29 are comes under criminal offence; Section151. These prosecutions for an offence instituted by Australian Competition and ConsumerCommission (ACCC).Civil penalties (section 224) – Penalties is up to $1.1 million for a business and forindividual $2,20,000 it may be imposed if they are breaching section 20-22 and 29. Thesepenalties are not applying when individual or corporations breaching provision under section 18.Along with this these are classified under civil not in criminal breach.Application: In given case, Bod Shifty forces to Liddy Bindu to sign the documentwithout look upon it. As it causing a misrepresentation of facts. As per provision of ACL, it isresponsibility of plaintiff to describe all terms and conditions which are specify in law4. If theyare representing unlawful terms or conditions, then they are liable for compensation loss amount3Bibas, S., 2011. Regulating the Plea-Bargaining Market: From Caveat Emptor toConsumer Protection.2
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