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Construction Management Building Law

14 Pages3569 Words42 Views
   

Western Sydney University

   

construction management (084734M)

   

Added on  2020-02-24

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Construction management in Australia is discussed in the document below. Building law in Australia is divided into distinct sections based on the specific elements of each phase. In this study, we look at Australian consumer law, namely the ACL section and its Unfair Contract Terms.

Construction Management Building Law

   

Western Sydney University

   

construction management (084734M)

   Added on 2020-02-24

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Construction Management Building Law_1
ANALYSIS 2ContentsIntroduction......................................................................................................................................3Australian Consumer Law...............................................................................................................3Misrepresentation........................................................................................................................4Unfair Contract Terms.................................................................................................................7Conclusion.....................................................................................................................................10References......................................................................................................................................12
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ANALYSIS 3Introduction The building law in Australia comprises of different legislations, based on the particular aspector the particular phase. This makes it crucial for the developers to be aware about these laws andfulfill them properly, so that they do not face the penalties for the undertaken contraventions.The different laws which have to be followed by the developers include the tort law, contractlaw, health and safety laws, consumer law, and are also required to obtain different permissionsand licenses to undertake their work (Bailey, 2016). The discussion here is focused uponAustralian Consumer Law, which is a crucial law for the protection of consumers in the nation.In the following parts, an attempt has been made to explain the manner in which the developershave to be careful based on the applicability of the Australian Consumer Law, with a particularreference to misrepresentation and unfair contract terms. The attempt here is to provide the viewof both the sides, i.e., of the developers and the buyers, and the manner in which both of thesesides have to take care, so that the provisions of Australian Consumer Law are not breached. Australian Consumer LawBefore explaining the manner in which the Australian Consumer Law applies on the developersand the consumers, the foundation of Australian Consumer Law need to be clarified (Casey,2011). Australian Consumer Law has been drawn as Schedule 2 of the Competition andConsumer Act, 2010 (Cth) (Australasian Legal Information Institute, 2017). This act replaced theerstwhile Trade Practices Act, 1974 (Cth) and is focused upon protection of the consumers andpromotion of competition in the normal course of trade and commerce by the businesses
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ANALYSIS 4(Commonwealth of Australia, 2017). The provisions of ACL came to force from January 01st,2011 (Bruce, 2010). MisrepresentationMisrepresentation is a term of contract law, which makes the contract voidable. As per thisconcept, a false statement of fact is made by one party, to another party, so as to induce them intoentering the contract (Andrews, 2015). It is crucial that the false statement which is made is astatement of fact and not of opinion. Under ACL, misrepresentation attracts different provisions,including section 18 and 29. Section 18 of the ACL relates to the misleading or deceptiveconduct and it provides prohibitions on such conduct which can be deemed as misleading ordeceptive, or is likely to deceive or mislead (Consumer Affairs Australia and New Zealand,2017). So, the developers are required to stay away from any such conduct which would beconsidered as misleading to the buyer or which has the chance of misleading the buyers in future(Coorey, 2015). The provisions covered under this section include any and all type of conduct andcommunication. This includes the negotiations made, the emails, adverts, discussion and letters.In order to consider a conduct as breaching this section, it has to be shown that it containedfactually incorrect information which led to the formation of false impressions; a substantial ormaterial information being left out; not providing the buyer with the updated information;staying silent about the key facts particularly because this would be deemed as non disclosure;not making true or accurate claims; and deliberately not correcting a misunderstanding. Hence, itis preferable for the developers to make true and well substantiated claims and to disclose all thematerial facts pertaining to the property (Department of Commerce WA, 2013).
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