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Year 9 NSW
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Consumer protection
Topic : Consumer protection
In this topic you will learn...
Chapter 1 :
Unfair business practices
Ethics are commonly-accepted standards relating to what is right and what is wrong
All illegal practices are unfair but not all unfair practices are illegal
Illegal practices are those which are punishable by law
Consumers have a right to information, choice and safety
Unfair practice is that which consumers can reasonably judge as unfair without specific knowledge
The law protects consumers from illegal practice that consumers cannot reasonably judge for themselves
Consumer choice is the opportunity to research a product and make a decision based on that research
Educated consumers are aware of the difference between terminology that is meaningful in a legal context and marketing terminology
A free market is one in which healthy competition and diversity exist
Legal standards are objective
Chapter 2 :
Elements of a contract
A contract is a legally binding agreement between two or more parties
An agreement must satisfy a number of conditions before it becomes a contract
An offer is an expression of an intent to purchase
An offer can be accepted or rejected
An acceptance is an expression of an intent to fulfil the agreement
Consideration is the exchange of benefits between each party
All parties must understand and anticipate that the contract is legally binding
All parties must have the legal capacity to undertake the contract
All parties must willingly enter the contract
The components of the contract must be legal
Chapter 3 :
Statutory protection and implications
Consumers have the right to goods of merchantable quality
The vendor must provide all relevant information about the product
The merchant must disclose all terms of sale of the product or service
Consumers are entitled to the full warranty of the product or service
Implications are understood assumptions about a product or service that need not be written into a contract
`Caveat emptor` is Latin for `let the buyer beware`.
Caveat emptor gives ultimate responsibility to the consumer for their purchase
The Trade Practices Act 1974 (Cth) is a federal law designed to protect consumers from unscrupulous businesses
Each State and Territory has its own laws for vendors not covered by the Act
Chapter 4 :
Consumer advocacy and remedies
State offices of fair trading, consumer or business affairs provide advice and assistance for consumers and enforce minimum legal standards
Each state has an ombudsman office that deals with complaints about government departments
The Australian Competition and Consumer Commission (ACCC) deals with businesses that breach the Trade Practices Act 1974
The Australian Securities and Investments Commission (ASIC) presides over businesses that provide financial services
The Australian Consumers` Association is an independent, not-for-profit organisation that lobbies for consumer rights and conducts research on products and services to inform consumers
Consumers can use the media to raise awareness of unfair or illegal business practices as negative media attention may adversely affect a business` trading
Community action may also affect a business` trading
Consumers can remedy an issue through direct contact with the business
A small claims tribunal settles claims of up to $25 000
Mediation and conciliation involve negotiation of an outcome in the presence or with the guidance of a neutral party
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