Lesson 46: Rights of Consumers Flashcards
(7 cards)
1
Q
Consumer Law
A
- Aims to protect consumers and vendors when buying or selling Goods and Services
- Main law: Competition and Consumer Act 2010 (Cth) = provides for uniformity across Australia
- Consumers rights to paid G+S
- Vendors right to money
- Consumers + Vendors to seek remedy for any problems
2
Q
Common Problems: Warranties
A
- Guarantee/promise from a business about quality or standard of product or service
- Include actions business will undertake + those required in consumer law
- Repair, refund or replace
3
Q
Common Problems: Defects
A
- Flaws or shortcomings in the quality, quantity, potency, purity or standard of G+S
- Consumer Law: vendors must offer the consumer a solution when G or S is defective
- Vendors X deflect consumers to manufacturer or importer
- When product hold major problem, consumers choose between refund or replacement
- When service has major problem, consumers hold right to alter agreement w/service provider
- Vendors must fix problem w/G or S by free repair (at least)
4
Q
Common Problems: Refunds
A
- To pay back (money) to a customer unsatisfied with G or S bought
Right to return if: - Not as described
- Not fit for purpose
- Not acceptable quality (judged on):
- appearance and finish
- safe and free from defects
- durable - dependent on product
- Vendors X use signs/contracts to avoid fulfillment of these obligations
- Consumers X require a receipt
- Irrelevant if you were the purchaser or received the good or service as a gift - only proof of where bought
Limitation: unreasonable time passed, individual damaged good, changed mind
5
Q
Common Problems: Credit
A
- Ability of consumer to obtain G or S before payment, based on the trust that payment will be made in the future
- Credit Consumer Law = body of laws protecting consumers when borrowing money or enter into credit contracts: loans, credit cards, installment purchases
6
Q
VCAT - How it resolves disputes
A
- Mediation
- Compulsory Conference (conciliation)
→ if unsuccessful/unsuitable, matter will proceed to a Final Hearing - Parties: Present case, provide evidence
- VCAT member hand down final order: monetary compensation, undertake or restrain from particular act, dismissal of claim
- Appeals: only on question of law, Supreme Court - Court of Appeal, Supreme Court - Trial Division
7
Q
CAV - How it resolves disputes
A
- Only assist consumers in initiating claims (not vendors)
- Only assist consumers who made reasonable attempts to resolve issue
- Uses Conciliation, no charge to parties, done in person or over phone
- Same strengths and limitations to conciliation examined in Lesson 44 apply
