Australian Consumer Protection Legislation Essay

1632 words - 7 pages

"Governments have passed consumer protection legislation because they believe that the common law of contracts cannot adequately protect the consumer in today's complex market place."Both the Commonwealth and Queensland State governments have legislated to provide greater protection to consumers in contractual situations that would otherwise not be provided by common law. Examples of the government introducing legislation as a means of providing greater protection to consumers than common law are: The Trade and Practices Act 1974(Cth); and The Sale of Goods Act 1895(Qld).Contract law was introduced as a means of providing assurance as to the validity of an agreement, whereby both parties intend that their words or actions will have legal consequences if not carried out. To form a contract between two parties it must be shown that there is an intention from each to become legally bound, there must be a 'meeting of minds' between the 'parties', as well as consideration. There are five general rules as to an offer the first being that the offer must be communicated by the offeror to the offeree, the second being the offeror may restrict his or her offer to one person or may make his or her offer to a limited group of persons or to the world at large, the third rule states that all terms of an offer must be communicated to 'party' accepting the offer. The fourth rule states that the offeree may specify conditions to be followed, and the fifth states that an offer may be revoked at any time prior to acceptance.Similarly to an offer there are four rules which apply to the acceptance of a contract. The first rule reads that the acceptance of an offer must relate to the offer in it's entirety and cannot vary or in any way qualify that offer; the second rule is that acceptance of an offer must be made in strict conformity with the method of communication nominated by the offerer, however where no method of acceptance is stipulated, acceptance may be orally communicated. The third it that acceptance must be made in reliance of the offer and with knowledge on the part of the offeree of the offer, and the fourth states simply that acceptance must be communicated to the offeror.A contract may be set aside for many reasons e.g. the contract is void and has no legal effects concerning the parties, the contract is voidable, can be ended by one of the parties; where a party lacks the capacity to contract such as an infant. An agreement which may not be enforceable because it lacks genuine consent, where consent is the term used to describe the state of mind of each party at the moment an agreement is reached. If consent from parties participating in the contract is obtained through means of a mistake of law, a mistake of fact, misrepresentation duress, undue influence, or unconsionability, the agreement may not be enforceable due to a lack of genuine consent.If the nature of the breach of contract gives one party the right to end the contract, they may either...

Find Another Essay On Australian Consumer Protection Legislation

Legal Issue in Contract Law Essay

2115 words - 8 pages 51AB, which dealt with unconscionability are replaced by ss 20 and 21 of the Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010, Australian Consumer Law (ACL). Section 20 now provides: ‘A person must not, in trade or commerce, engage in conduct that is unconscionable, within the meaning of the unwritten law from time to time’. Section 21 provides a non-exhaustive list of types of conduct, which may be unconscionable in the context

Australian Economics Essay

2105 words - 8 pages financial system mainly under the ministerial council watch. Under the treasurer were the ACCC , which was in charge of consumer protection and trade practices; RBA, which was in charge of banks; Insurance and Superannuation Commission, which was in charge of general insurers, superannuation and life insurers, and; Australian Securities Commission, which was in charge of corporations’ law, market integrity and unit trusts. The Ministerial

Executive Summary

2008 words - 8 pages of uninterrupted economic growth and its growth faster than the developed countries. Overall, Australia has a stable political situation and economic prosperity. On the other hand, Australia faces two issues on environmental protection – dryland salinity and water scarcity. External factors: opportunities and threats Take into account a number of other influences affecting Australian tourism in the early years of the decade, and the

Jurisdiction of consumer protection

1798 words - 7 pages regarding consumers. One of the fundamental values of the European Union is promoting consumer’s rights. Entering into membership of the European Union automatically ensures laws of protection for consumers. The body dealing with consumer protection in European Parliament is called Internal Market and Consumer Protection Committee. Internal Market and Consumer Protection Committee In the European Union, legislation guarantees that every

Australia: A Brief History and Analysis

1419 words - 6 pages states and territories go their own laws govern consumer protection. Typically these are in the form of a Fair Trading Act. Works Cited australia.gov.au. (n.d.). Home. Retrieved April 11, 2014, from http://australia.gov.au/ Australian Government Department of Foreign Affairs and Trade homepage. (n.d.). Australian Government Department of Foreign Affairs and Trade homepage. Retrieved April 11, 2014, from http://www.dfat.gov.au/ Homepage

The History Of The Australian Governments Policies From 1788 To Today

1066 words - 4 pages the indigenous Australians was left to the commissioner of Crown lands care which distributed blankets, flour and other survival supplies, although it was not as efficient as the Protector policy. Furthermore, in the 1900's the British Government for all Australia's states and the Northern Territory passed on legislation for the protection of indigenous Australians. This period was named the protection era. The legislation passed during this

Fairness and Justice

642 words - 3 pages ) the Australian law is adopted from several sources, including the common law, the rules of equity, parliamentary laws, delegated legislation, judge-made law, an international law. Nowadays, Australian legal system has three powers, which are legislative, executive and judicial power. Legislative is in charge to make the law; subsequently it will be passed to the executive power to administer the law itself. At the end, the judicial power will

Compare and contrast international attempts to regulate spam with the Spam Act 2003 (Cth)

1474 words - 6 pages promotional email, as in Utah and California, or that requires removal instructions to be included in each mailing as in California and Nevada.Federal anti-spam legislation has been introduced to the United States Senate on a number of occasions, but has on each occasion lapsed. The only spam-related bill before the current session of Congress is the Wireless Telephone Spam Protection Act HR 122 which, if passed, would prohibit SMS spam.The European

lalalala

783 words - 3 pages /content/the_acl/downloads/ACL_an_introduction_November_2010.pdf (pages 5-8)http://www.theage.com.au/money/tools-an d -guides/consumer-protection-laws-20100527-wg 2 q.htmlhttp://www.lifehacker.com.au/2011/01/a-guide-to-the-new-australian-consumer-protection-laws Area of consumer rights Brief summary of what the ACL says Unfair business practices Consumer guarantees Product safety Sales practices Unfair contract terms Compliance and

History and Laws behind the Federal Food and Drug Act of 1906

2048 words - 8 pages of the Department of Health and Human Services (DHHS) (Elsner & Maibach). Consumer Protection The Pure Food and Drug Act of 1906 is considered to be the first significant piece of consumer protection legislation in our nation’s history with three main objectives: (a) to protect consumers from the adulteration, misbranding or

Native title Act

998 words - 4 pages Court, there have been many calls for Federal Government legislation to water down Mabo. It was proposed if non-Aboriginal Australians are to live in future peace and harmony with Australian indigenous people, we should be working together to apply the principles of traditional land-ownership and facilitate its recognition in every case. If future land entitlements for Australia's Indigenous people could be achieved by legislation and process of

Similar Essays

Australian Consumer Law Objective Essay

2005 words - 8 pages This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA

The Globalization Of Australian Business Essay

1060 words - 5 pages people’s social life and the modern economy. The increase level of knowledge and communication has provided Australian businesses with the opportunity to further develop their businesses and use the technological advances to provide their services and goods to a larger consumer market. For instance, recent statistics by the NAB Online Retail Sale Index found that Australians are spending nearly $15 billion yearly for goods and services online

How The Mercantile Management Sector Operates

1659 words - 7 pages Practices Act and Federal Privacy Act. Produced by the ACCC publishing unit 10/05, Regulatory Guide 96 is a Debt collection guide. It is a general guideline of the Trade Practices Act and explains how Commonwealth consumer protection laws are relevant to collectors and creditors. Laws that apply to collectors and creditors are: Parts IVA and V of the Trade Practices Act 1974 Part 2, Division 2 of the Australian Securities and Investments

Marketing Essay

841 words - 3 pages : http://www.accc.gov.au/about-us/australian-competition-consumer-commission/legislation#the-competition-and-consumer-act-2010Lorette, K. (2014). The Importance of Marketing for the Success of a Business. Retrieved from Chron: http://smallbusiness.chron.com/importance-marketing-success-business-589.htmln/a. (n.d.). Legislation. Retrieved from Australia Competition & Consumer Commission: http://www.accc.gov.au/about-us/australian-competition