consumer law essay plans

Notes On Consumer Law w/ Essay, Plans, & Cases

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• Legal Studies

Legal Studies Consumer Essay Plans (Themes and Challenges)

• Author Lima_bosty
• Creation date Aug 2, 2024

Year 2024 Type Notes Essay Plans for option topic: Consumers - Updated 2024 - Relevant LCMs

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Consumer Law Essay Examples and Topics

Judicial precedent: donoghue v. stevenson and grant v. australian knitting mills ltd cases.

• Words: 1967

Express Terms in a Contract

Perfect tender rule and contract terms, the united kingdom sale of goods act 1979, consumer law: protecting digital information, the e-commerce law adoption in saudi arabia, the consumer financial protection bureau and the federal trade commission, consumer protection law: product recall, organ sales: favoring one and disadvantaging others.

• Words: 1100

The FBI & Apple Security vs. Privacy: Case Analysis

Invitations to treat in a contract, cell phone unlocking in the usa, hillingdon country house fitness centre unfair standard terms.

• Words: 3055

Framework for Federal Acquisitions

Consumer protection under gulf state laws.

• Words: 8327

Unconscionable Contract Analysis

• Words: 1204

Government Initiatives for Market Expansion and Empowering Consumers

• Words: 1151

Trademark Cases: Pointymint, Oxford, Desire Perfume, Rawntree Ltd.

• Words: 2072

United Kingdom’s Consumer Law: Advice for Consumer

• Words: 1950

“Marketing Law”: an Australian Law

• Words: 3051

Discourse on the Origin and Foundations of Inequality

Gasoline disputes in us and world, antitrust and consumer protection law scenario.

• Words: 1218

Acting in Good Faith: Contract and Agency Law

Consumer protection from unfair trading 2008.

• Words: 2814

The New York State Consumer Protection Board

• Words: 6133

Negligence as a Legal Concept

European union health law and food law, damage caused to a person: the tort of negligence.

• Words: 2211

How to Avoid Getting Into Legal Trouble in the UAE While Posting on Social Media?

• Words: 1747

Prison Rape: Issue Analysis

• Words: 4365

Balance of Debtor and Property Rights of Individuals

Consumer law in the united kingdom.

• Words: 1678

Stopping Appealing Flavors in E-Cigarettes for Kids

Consumer protection without law, consumer right to privacy in e-commerce and zero liability.

• Words: 6611

Business Commerce and Consumer Privacy

Consumer protection: european and uk regulation.

• Words: 4444

Australian Competition and Consumer Commission

• Words: 3201

The Protection of Consumer Welfare

• Words: 1606

Consumer Protection: Does It Work

Digital content: intellectual property rights violation.

• Words: 3044

Tariffs in the USA

The tort law and liability insurance system.

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Thesis: Changing values and ethical standards have led to a growing recognition of consumer rights. As societies have evolved, there is now a greater emphasis on individual empowerment and autonomy in consumer transactions. This shift has resulted in the development of laws that protect consumers from unfair practices, deceptive advertising, and substandard products.

MARKETING INNOVATIONS

Marketing is a process by which a business creates a ‘consumer interest’ in its products. Over time, the marketing process has become increasingly more sophisticated – especially with the advent of e-commerce. Therefore, recent innovations in global marketing technologies are of particular interest to lawmakers.

Subtopic P1: Deceptive or misleading conduct Conduct is considered misleading if it has the capacity to lead into, or cause error. Misleading or deceptive conduct includes exaggerated statements about a product, failure to disclose all relevant information, and in some circumstances silence. It also includes promises that are not kept and incorrect predictions.

P2: Bait advertising The practice of advertising something at a specified price, with the knowledge that it will not be possible to offer it at that price for a reasonable time and in reasonable quantities. Often referred to as ‘bait and switch’, this tactic has the objective of getting the consumer into shops, where sales staff inform customers that they have ‘run out of’ a particular line and attempt to convince them to buy a more expensive product or model.

Legislation Section 52 of the Trade Practices Act 1974 (Cth) → “A corporation must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.” The Trade Practices Act 1974 was becoming outdated and needed to be updated to reflect changes in the marketplace, including the rise of e-commerce, online transactions, and new business practices. The ACL was designed to address these modern challenges.

Fair Trading Act 1987 This Act constitutes the main law covering business behaviour in NSW. Under the Act, it is unlawful to make false claims about a product or service; Operate in a misleading or deceptive way, or in a way that is likely to mislead or deceive your customers.

Case Demagogue Pty Ltd v Ramensky (1992) → In the Ramensky vs. Demagogue Pty Ltd (1992), the failure to disclose the necessity of a Road Licence for driveway construction, despite conveying otherwise in initial plans, was deemed misleading by the court. This case serves as a reminder of the legal obligation to maintain transparency in consumer dealings, leading to remedies under consumer protection laws, even in cases where the property's value remains unaffected.

Reardon v Morley Ford Pty Ltd (1980), the Federal Court found that a car dealership Breached that section. It advertised a car at a price, but when a prospective buyer came to inspect it, he was told the model advertised had already been sold – in fact, that model at that price had never been for sale by that dealer.

Legislation The Competition and Consumer Act 2010 (referred to as Australian Consumer Law) was enacted into legislation by the Parliament of Australia to provide a more robust framework of protection for consumer transactions within Australia. - It makes no difference whether the company intended to mislead or deceive consumers; even omitting to say something can amount to misleading or deceptive conduct if this is considered a deliberate decision to withhold information. If an advertisement creates a

Section 35 of the ACL The ACL brought about uniformity in consumer protection laws across all Australian states and territories. Before the ACL, there were inconsistencies in laws and regulations, making it complex for both businesses and consumers operating in different jurisdictions.

misleading perception about an item

Case ‘Drip pricing’ is a specific form of misleading conduct that is illegal under the ACL. In the case of ACCC v Jetstar Airways Pty Ltd [2015], a ‘drip pricing’ conduct drew consumers into an online process to purchase tickets with a headline price, but failed to provide adequate disclosure of additional fees and charges that were likely to apply. They were subsequently fined for this behaviour as it strictly disobeyed sec 18 of the ACL.

ACCC v Harvey Norman Holdings Ltd [2011] six Harvey Norman franchises were fined for bait advertising. They had advertised the Kodak ‘Playsport’ pocket video camera but were unable to supply the product to consumers as they did not stock the camera. In this case, Harvey Norman was ordered to pay a significant fine as a penalty for the misleading advertising. It demonstrated the ACCC's role in enforcing consumer protection laws and holding businesses accountable for deceptive advertising.

Media ASIC sues Nuix for misleading, deceptive conduct SMH ASIC is an independent Australian Government body responsible for regulating financial services and consumer credit, and authorised financial markets. ASIC alleges that the data analytics company made misleading or deceptive statements in its updates to the ASX in February and March last year, which reaffirmed the forecasts contained in the prospectus.

the media acts as a watchdog in protecting consumers from bait advertising by exposing deceptive practices, educating the public about consumer rights, and holding businesses accountable for their advertising behaviour. Media coverage plays a vital role in raising awareness, preventing consumer fraud, and promoting a fair and transparent marketplace.

Specifically, SMH’s article ‘Amazon's 'lightning deals' raises questions over bait advertising’

"Bait advertising has the potential to mislead consumers by attracting them to a retailer making a special offer that in actual fact is not reasonably or genuinely being offered."

Product certification enables consumers to buy a product with the knowledge that it has been critically evaluated andfound to comply with strict standards. This promotes trust between consumers and large companies. Unfortunately, companies may still claim to be certified ‘safe’ when they actually have not been tested, as highlighted when a Gosford Nurse died after using an unsafe USB phonecharger. The NSW Electricity (Consumer Safety) Act 2004 requires the testing, approval and marking of declared electrical devices before sale. All electrical products sold in NSW must comply with the NSW Electricity (Consumer Safety) Act, as its provisions ensure al electronics meet Australian Standards. However, clearly this USB charger was unsafe, raising questions regarding the enforceability of such legislation. To add enforceability, numerous Non-government organisations have been formed to further protect the rights of consumers, Choice and Standards Australia are two fundamental organisations that assess consumer products and publish results to inform and educate consumers about the quality and value of particular products.

Product Certification

Subtopic P3: Mandatory product standards P4: Certification

Legislation NSW Electricity (Consumer Safety) Act 2004 introduce changes to enhance consumer rights, transparency, and access to information regarding electrical products and services.

Food Act 1989 (NSW) The objective of this Act is to: ensure food for sale is both safe and suitable for human consumption; prevent misleading conduct in connection with the sale of food; and provide for the application of the Food Standards Code in NSW.

Legislation Gas and Electricity (Consumer Safety) Act 2017 requires the testing, approval and marking of declared electrical devices before sale. All electrical products sold in NSW must comply with the Act, as its provisions ensure al electronics meet Australian Standards.

Food Act 2003 (NSW) require that food sold in NSW is safe and suitable for human consumption and meets all standards set out in the Food Standards Code.

The Food Act is part of a legislative scheme to enforce the requirements of a national uniform food code. Its

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Subject : legal studies

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