HSC Legal Studies Consumers

Summary:

2021 BAND 6 HSC LEGAL STUDIES CONSUMERS SYLLABUS NOTES
**(received a 93.85 ATAR & a mark of 95 in HSC Legal Studies)**
– Detailed notes that cover the entire Consumers topic in the HSC Legal Studies Course
– 38 Pages
– Includes theory, legislation, reforms, media articles, cases & international instruments

Excerpt:

HSC Legal Studies Consumers

1. The nature of consumer law

• The developing need for consumer protection
• Consumer law developed due to the growing recognition by governments and courts that consumers face an imbalance of power in business dealings
• ‘Caveat Emptor’ “Let the buyer beware” – 19th-century principle governing consumer transactions
  • goods were to be of reasonable quality, and the price agreed reflected quality
• Industrialisation meant goods were less available for inspection before purchase, products were not properly tested, advertising emerged, and packaging meant defects were hidden
• Unfair or dishonest practices placed consumers at risk of being exploited by manufacturers and salespeople
• Consumer rights were no longer protected
• Government regulation was needed to protect consumers and ensure businesses did not abuse their market power
• Statutory law became the cornerstone of consumer law
• Advances in technology create the continuous need for law reform
• Increased trade over national borders limits the application of domestic law
• International agreements provide an extension of consumer rights
• The definition of a consumer
• Generally, a person purchasing goods
• Part 1 Section 4B of Competition and Consumer Act 2010 (CTH) defines a consumer as a person who acquires goods or services that are less than $40,000 for personal, domestic or household use or consumption” Cars over value are still covered
• When consumers are making purchases, they have expectations that the product will be fit for purpose and be of specified quality
• Whenever there is a purchase of a commodity or service, there is an expectation that both parties will behave in a manner that ensures fair treatment of both parties
• Fair Trading Act 1987 (NSW) – a consumer is a person who acquires goods or services from a supplier (includes the purchase of land unless it’s for a commercial purpose)