Contract Law: Remedies under Australian Consumer Law

CONTRACT LAW
Name of Student
Name of University
Author Note

1
Issue
• The main issue in
the case is
whether Betty is
entitled to exercise
Australian

• Section 3 of the
Australian Consumer Law
introduced under the schedule 2 of
Competition
and Consumer Act 2010 (CTH) defines a consumer
to be a person who acquires any good which is
either of the value of less than $40,000 or were
ordinarily seen as being acquired for personal,
household or domestic consumption.
• section 18 of the
Australian Consumer Law
introduced under the schedule 2 of
Competition
and Consumer Act 2010 (CTH) an individual is
prohibited for being engaged in any kind of
misleading or deceptive conduct or any conduct
that could likely be misleading or deceptive as
seen in the case
ACCC v Reckitt Benckiser
(Australia) Pty Ltd [2016].
• Section 29 of the Act can be seen as prohibiting
any individual, in trade or commerce, making any
misleading or false representation in relation to the
standard, quality, value, grade or any other

• Section 54 of the
Australian Consumer Law states that if any
individual supplies good to a consumer, in trade or commerce, any
other way than by sale of auction there is a guarantee for the
goods to be of acceptable quality is present as was held in the caseMedtel Pty Ltd v Courtney (2003).
• According to Section 151 of the Australian Consumer Law an
individual would be guilty of an offence in trade and commerce for
supply of possible supply of goods or services if the individual is
found to be making any misleading or false representation about
the goods or services.
• According to the provisions of section 273 of the Act it can be seen
that any affected person can claim for an action for damages within
3 years after they became aware of the guarantee that has not
been complied with.