Legt1710
LEGT 1710 BUSINESS AND THE LAW
Lecture 11 Consumer Protection
This week Consumer Protection
• Consumer Law - the statutory provisions:
Unconscionable conduct Misleading or deceptive conduct False representations
• Defences • Remedies • No refunds
© 2013 The University of New South Wales Sydney 2052 Australia The original material prepared for this guide is copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be addressed to the Head of School, Taxation and Business Law, UNSW, Sydney
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Overview
On completion of this week in you should be able to: Explain what is ‘unconscionable conduct’ within the meaning of the ACL Explain what is meant by ‘misleading or deceptive conduct’ in s 18, ACL and identify different types of conduct that might be misleading or deceptive Identify the different types of false representations set out in s 29, ACL Identify defences available for breaches of the consumer protection provisions Suggest possible remedies for breaches of the consumer protection provisions Explain what the law says about ‘no refund’ signs
Sale of Goods/Product Liability
Please note – in this unit we are NOT DEALING with: • Sale of Goods • Product Liability Therefore the following paragraphs in Latimer are NOT RELEVANT: ¶7-011 to ¶7-215
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Competition and Consumer Act 2010 (Cth)
• As discussed last week, the Competition and Consumer Act (‘CCA’) is a federal/Commonwealth statute that: Regulates ‘RESTRICTIVE TRADE’ practices to produce greater competition and efficiency in the market for the benefit of consumers; and Protects the interests of consumers of goods, services and land against ‘UNFAIR PRACTICES’ • Prior to 1 January 2011, the CCA was known as the Trade Practices Act 1974 (Cth)
Australian Consumer Law (ACL)
• Consumer law and ‘unfair practices’
Lecture 11 Consumer Protection
This week Consumer Protection
• Consumer Law - the statutory provisions:
Unconscionable conduct Misleading or deceptive conduct False representations
• Defences • Remedies • No refunds
© 2013 The University of New South Wales Sydney 2052 Australia The original material prepared for this guide is copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be addressed to the Head of School, Taxation and Business Law, UNSW, Sydney
1
2
Overview
On completion of this week in you should be able to: Explain what is ‘unconscionable conduct’ within the meaning of the ACL Explain what is meant by ‘misleading or deceptive conduct’ in s 18, ACL and identify different types of conduct that might be misleading or deceptive Identify the different types of false representations set out in s 29, ACL Identify defences available for breaches of the consumer protection provisions Suggest possible remedies for breaches of the consumer protection provisions Explain what the law says about ‘no refund’ signs
Sale of Goods/Product Liability
Please note – in this unit we are NOT DEALING with: • Sale of Goods • Product Liability Therefore the following paragraphs in Latimer are NOT RELEVANT: ¶7-011 to ¶7-215
3
4
Competition and Consumer Act 2010 (Cth)
• As discussed last week, the Competition and Consumer Act (‘CCA’) is a federal/Commonwealth statute that: Regulates ‘RESTRICTIVE TRADE’ practices to produce greater competition and efficiency in the market for the benefit of consumers; and Protects the interests of consumers of goods, services and land against ‘UNFAIR PRACTICES’ • Prior to 1 January 2011, the CCA was known as the Trade Practices Act 1974 (Cth)
Australian Consumer Law (ACL)
• Consumer law and ‘unfair practices’