Business Law Assignment: Consumer Law, Sales of Goods Act, and Rights

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Homework Assignment
AI Summary
This business law assignment provides a detailed exploration of consumer protection within the context of Australian law. It addresses key aspects such as the rights of consumers and the responsibilities of businesses, with a focus on the Australian Consumer Law (ACL) and the Sale of Goods Act 1895. The assignment examines the implications of these laws, particularly concerning product safety, guarantees, and remedies for unsatisfactory goods or services. It differentiates between the application of the Sales of Goods Act, which primarily governs contracts for the sale of goods, and the broader scope of the Australian Consumer Law, which aims to ensure fair trading practices and protect consumers' interests. The solution also includes a list of relevant references to support its claims. This assignment is useful for understanding the legal framework that governs consumer transactions in Australia.
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Table of Contents
Answer a)...................................................................................................................................3
Answer b)...................................................................................................................................3
References..................................................................................................................................4
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Answer a)
The aim of Australian Consumer Law is protecting the consumers and to make sure fair
trading in the country. There is a special legislation related to protection of the consumer. If a
service or good is unable to meet a guarantee then the consumer have rights against the seller
or supplier and the manufacturer, may have to provide a ‘remedy’ which is an attempt to put
right a fault, failure or deficiency to meet an commitment or responsibility. The consumers
have the right to refund in case the product is not satisfactory or the product is unsafe
(ACCC, 2018). The consumers have the rights when they buy services or goods along with
the warranties and conditions. This legislation is there to provide protection to consumer fro
faulty and dissatisfactory product or goods from the seller or the manufacturer.
Answer b)
Sale of Goods Act 1895 mainly applies to contracts for goods purchase. There is no such
maximum value of contract and it not only applies for the consumers. The conditions of the
act also apply to private sales apart from the traders who sell the goods. The warranties and
the conditions that are implied by sale of goods Act can be barred and the terms of contracts
can limit the liability of the seller (ABLIS, 2018).
The Australian Consumer law is applied when the consumer buy the goods from trader or
seller. The aim of this law is to protect the consumer in order to ensure that the trading
undertaken is fair by all means and the consumer can be protected when they are not satisfied
with the products or services in terms of price and quality (Commonwealth of Australia,
2018).
The different between the sales of good Act and Australian consumer law is that in consumer
law, the protection of consumer is considered and in the sales of goods act involves the
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regulation that has to be followed by the trader or sellers and the consumers as well in order
to ensure the fair exchange of goods and money among consumer and seller (ACL, 2010).
It is appropriate to use when there is a commercial relationship among parties to
transactions for purchase and sale of goods and when the contract
condition are not fulfilled by any of the party. It is appropriate to use Australian
consumer law when the consumer is not satisfied and want to replace, refund or replace the
products or services.
References
ABLIS. (2018). Sale of Goods Act 1896 - Queensland. Retrieved from Ablis.business.gov.au:
https://ablis.business.gov.au/service/qld/sale-of-goods-act-1896/7298
ACCC. (2018). Buying safe products. Retrieved 2018, from www.accc.gov.au:
https://www.accc.gov.au/consumers/consumer-protection/buying-safe-products
ACL. (2010). Consumer guarantees A guide for businesses and legal practitioners. ACL.
Retrieved from
Commonwealth of Australia. (2018). Legislation. Retrieved 2018, from consumerlaw.gov.au:
http://consumerlaw.gov.au/the-australian-consumer-law/legislation/
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