Consumer Law Essay Plans

Transcription

1 HSC Legal Studies Year 2016 Mark Pages 12 Published Oct 4, 2017 Consumer Law Essay Plans By Charlotte (99.3 ATAR)

2 Powered by TCPDF ( Your notes author, Charlotte. Charlotte achieved an ATAR of 99.3 in 2016 while attending Loreto Normanhurst Charlotte says: Hi my name is Charlotte and I graduated from Loreto Normanhurst in 2016 with an ATAR of My notes are designed to help prepare adaptable essays that are easy to remember, I hope you find them helpful.

3 Consumer Essay Plans EVALUATE THE ROLE OF THE LAW IN ENCOURAGING COOPERATION AND RESOLVING CONFLICT IN REGARD TO CONSUMERS Controlling Idea 1: Contracts A contract is an agreement that is recognised by courts as being legally binding on the parties and punishable if the guarantees and warranties within the contract are breached. Contracts Review Act 1980à rescind or grant relief to unjust contractsà takes into account the public s interests (meeting the needs of society) Unfair Contract Terms o Under the legislation unfair contract terms in consumer contracts are void o Blomley v Ryan 1956 o ACCC v Craftmatic 2009à found to have used misleading and unfair sales tactics to sell beds to elderly people during the course of home presentations Competition and Consumer Act 2010 (Cth) Unfair Contract Terms o Also covered in the CCA 2010 o A finding by the court that a term is unfair, and therefore void, means that the term is treated as if it never existed o Enforcement of the unfair contract terms laws is shared between ACC, ASIC and ACMA o Federal Court finds Chrisco's lay-by agreements contained unfair contract term, ACCC media release, 2015à company s practice of automatically renewing the contracts of customers who had not ticked the opt out box on their contracts was unfair but not a breach of ACLà gave a formal warning to change their options o ACCC V Europcarà unfair rental contract terms (lender is responsible for any manufacturing faults) Controlling Idea 2: Misleading and Deceptive Conduct Competition and Consumers Act 2010 (Cth)à ensures ACL is enforced o The ACL section 18 prohibits misleading or deceptive conduct in trade or commerce o Case examples of misleading and deceptive conduct - Nurofen 2016à ABC media article: the company had engaged in "deceptive and misleading" behaviour by advertising that four products could treat specific types of painà all treated the same thing (have been fined $6 million but ACCC is pushing for higher penalty) - Flight Centre 2014à price setting and collusion with international airlinesà misleading consumers

4 - ACCC v Coles 2013à misleading and deceptive conduct in the supply of bread that was partially baked and frozen off site, transported to Coles stores and promoted as Freshly Baked in-store - Fisher and Paykel 2014à $200,000 fine by the consumer watchdog over misleading customers into believing they needed to buy extended warranties for its products when they did not Regulation of marketing and advertisingà a form of regulating misleading and deceptive conduct o Unsolicited consumer agreements - Unsolicited = not invited by the customer e.g. door-to-door sales agents and telemarketers - There are regulations for both e.g. no Sundays, must explain why they are there - Do Not Call Register allows people and businesses to be exempt from telemarketer call - Established under the Do Not Call Register Act 2006 (Cth) - Registrations of numbers on the DNCR are now permanent greater consumer protection - Registration is free resource efficient - Australian Communications and Media Authority (ACMA) oversees the enforcement of the register Australian Standards Bureau Works to promote the work and tole of the ASB in the system of advertising regulation it is an advertising self-regulation system o Standards Board determines the outcome of complaints o Claims Board provides a complaint resolution service (determines outcomes based on truth, accuracy and legality of advertising Media releasesà advertisements and complaints to the ASB o Volkswagen Ad ad was promoting unsafe driving (was recalled by the Bureau) o Uber v NSW Taxi Council 2015 Taxi Council presented misleading advertising and marketing that deceived consumers into believing false claims about Uber Controlling Idea 3: Occupational Licensing Regulation of professions and occupations Self-regulation - One way that industries may set practising standards and regulate the entry of individuals into their field is self-regulation through professional bodies e.g. Australian Medical Association (AMA) and the NSW Law Society - in occupations as well as their professional organisations have addressed the need for legislation to ensure that all practitioners meet standards of competence and ethical behaviourà compliance with consumer law

5 Powered by TCPDF ( - Jayent Patel Dr Death à QLD unauthorised doctor killed numerous patients (has been barred from practising medicine effectiveness of consumer law, ineffectiveness: wasn t charged with murder/manslaughter not bringing the victims justice) State Regulation o State parliaments have enacted rules that provide guidelines regarding the fiduciary duties and licensing requirements of real estate agents and solicitors o Tattoo Parlour Act 2014 (NSW) o The objective is to compel businesses and professionals to act honestly and in accordance with their duties to consumers e.g. statutory licensing regimes in NSW motor car dealers and repairs, licensing of travel agents Controlling Idea 4: Redress and Remedies Awareness and self-help o Complaints to suppliersà under ACL consumers can seek redress in the form of repair, replacement or refund under ACL consumer guarantees if the goods: - Are not of acceptable quality - Do not match the description - Are not fit for purpose o Complaints to manufacturersà under the CCA 2010 they have an obligation to fulfil their express warranties and implied guarantees - Ensure a supply of spare parts and repair facilitiesà protecting the rights of the individual State and federal government organisations who can enforce consumer redress State Legal Aid NSW o Established under the Legal Aid Commission Act 1979 (NSW)à independent statutory body o Provides legal advice to socially and economically disadvantaged people e.g. ATSI people, those on disability pensions, people on other forms of transfer paymentsà includes court representation o Gives talks in school and community centres to educate people about the law, people s legal rights and responsibilities Federal ACMA o Independent statutory authority that ensures Australia s legislation, regulation and codes of practice operate effectively and in public interestà meeting the needs of society, enforcing the law, and protecting the rights of consumers o They regulate: broadcasting, internet, radio and telecommunications o DNCR Act 2006 enforced by ACMA o Zone Telecomà $ infringement notice for breaching the DNCR Act 2006