Consumer Protection and Product Liability Law

Consumer Protection and Product Liability Law

Table Of Contents
Introduction....................................................................................................................3
The Law S4 Of The Australian Consumer Law.............................................................3
Background Of The Case........................................................................................5
Law Regarding The Case........................................................................................5
Facts Of The Case...................................................................................................5
The Final Decision..................................................................................................6
Relevance Of This Decision With Section 4 Of The ACL.....................................8
Conclusion......................................................................................................................8
Reference List.................................................................................................................9

Introduction
The Australian Consumer Law known as the ACL represents for the principal
provisions for the protection of the consumers that is practised nationally within the
Australia. It is a single, national law, and that is applied in the similar manner in every
state and territory of the nation. The ACL furthermore provides for the prohibition of
the deceptive or any sort of misleading conducts during the practices of trade or
commerce within the nation.
The present task will emphasize basically on the S4 of the Australian Consumer Law
and will discuss and make the relevant analysis of the principles and the legal issues
that are associated with this specific legislation.
The Law S4 of the Australian Consumer Law
As a result of the broad cooperative reform that was carried out by distinct territory
and the state governments and also the Commonwealth, there came to be the existence
of the Australian Consumer Law1.This law prohibits for the misleading and making of
the false statements by the corporations that are indulged in the trade and the
commercial activities within the distinct state and territories of the nation.
This Commonwealth Australian Consumer Law is basically a specific schedule to the
CCA (Competition and Consumer Act 2010), and the same also replaces for the Trade
Practices Act (TPA) 1974. This entire law is administered by the Australian
Competition and Consumer Commission (ACCC).
As per the Section 51A of the Trade Practices Act 1974, which has presently been
replaced by the S4 of the ACL, if any sort of representations without any specific and
reasonable ground (regarding the acts or decisions to be made in the near future) is
made, then that representation is considered to be as misleading2. If a person
demonstrates for a representation regarding a future matter and does not provide for
the reasonable grounds regarding the matter, then that specific representation is taken
to be as a fact of misleading. In a case where a buyer is relying upon a specific
representation and on the other hand, the person who is making the representation has
1 Evans, Phil. "The building and construction industry code of conduct (WA)."
Brief 44, no. 6 (2017): 22.
2 Bruce, Alex. "Labelling Illogic: Food Animal Welfare & the Australian
Consumer Law." Austl. Animal Protection LJ 8 (2012): 5.