...Business Law and Ethics The Australian Consumer Law Act (Cth) Table Of Contents Page 3 - Topic & Introduction Page 4 - The Old Consumer Law System Page 5 – The New Consumer Law System Page 6 – Comparing the two Systems &The Empowerment of Consumers Page 7 – The Empowerment of Consumers cont’ & Guidance for the both the Consumer and Traders and Legal Practitioners Page 8 - Guidance for the both the Consumer and Traders and Legal Practitioners cont’ Page 9 – The Constitutional Problems & Conclusion Page 10 – Bibliography Topic To compare and evaluate the new and the old. Make comparisons and conclusions regarding changes made and what these changes will mean to both the consumer and business alike. The Australian Consumer Law Act (Cth) came into force in January 2011. Commentators have claimed that the Act will have significant impact on the rights of Australian consumers. The reality is that it will have very little positive impact on the rights of Australian consumers, for much the same reason that the previous consumer regime was largely ineffective.” “Discuss this statement. Introduction The purpose of this paper intends to explain the main differences between the old and the new Australian Consumer Law Act. There have been some major changes and some minor tweaks. There has also been a lot of debate as to whether there was any need for the changes and how exactly these changes implemented will be advantageous to the consumer. The...
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...Topic Two: Human Rights Rights The nature and development of concepts of human rights. State sovereignty, ‘natural law’ doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education Human Rights Human rights are the basic rights to which all human beings are entitled to. The most recognized document in modern human rights is the Universal Declaration of Human Rights, created by the UN. Human rights can be said to come from the idea of ‘natural law’. Natural Law Doctrine is the idea that some laws come from God or higher reasoning whether they have been written down or not. State sovereignty State sovereignty refers to the power of a state to have control over its territory and its subject. It’s important for protecting human rights because it means someone whose rights are being abused can flee to a safe country for protection. Because it restricts the actions of neighbours and other concerned states, also allows human rights abuses to go unpunished within the boundaries of a state. Movement for the Abolition of Slavery Slavery is the state of being under the control of another person. Trade Unionism Trade unionism is the collective organisation of workers formed to protect the rights of individuals from the power exercised by employees. The benefits of trade unionism include: * Prevention of child labour * Prevention of forced labour * Fair treatment of workers ...
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...Are There Many Consumer Rights? Consumer rights are is all about making sure that when something is bought, lost, stolen or found, or a service has been paid for and has not been provided, that the consumer has some basic rights that will protect them. The law says that when buying goods they should be of satisfactory quality, must be fit for the purpose they made for, and match their description. Today in the whole world many countries offer consumer rights where as some don’t which gives the consumer except accepting the product or service. There are many consumer rights especially in United States. This could be seen by the consumer rights offered and the protection granted by federal laws to consumers. This could be also supported by the lawsuits filed by different consumers. There are many rights of consumers like consumers are allowed to cancel a contract or purchase the claim back the money if it is more than Dollar Fifty. Some of the rights include that “Misrepresentation is illegal” (What). Deliveries must be done on time or the consumer has the right to cancel the order if it does not arrive within 30 days. Consumers have the right to get a refund if you paid with your credit card if there is a billing error or charges for something that has not been shipped. Consumers’ also have the right to cancel the sale if a person went with sales person’s suggestion but was not satisfied with the product. Many consumers changed to a different network for their cell phones...
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...Philippine Laws Affecting Market By: Carla P. Yglopaz Mark Anthony S. Catahina Claudine M. Pascual Ryan-John L. Rivero Melissa Joy R. Suarez 14 June 2014 TABLE OF CONTENTS Laws Affecting Marketers Marketing Law ………………………………………………………………….. 5 Republic Act No. 8424: The National Internal Revenue Code of 1997 .................... 5 Republic Act No. 8293: Intellectual Property Code of the Philippines …………… 6 Batas Pambansa Bilang 68: Corporation Code of The Philippines …………. . 6 Republic Act No. 8799: Securities Regulation Code of the Philippines …………… 7 Republic Act 8792: Electronic Commerce Act of 2000 …………………………... 8 Legal Recognition of Electronic Writing or Document and Data Messages Data Messages ………………………………………………………….. 9 Electronic Documents ………………………………………………….. 9 Electronic Signatures …………………………………………………. 10 Agreement on Acknowledgment of Receipt of Electronic Data Messages or Electronic Documents …………………………………………………. 11 Republic Act No. 9501: Magna Carta for Micro, Small and Medium Enterprises 12 Republic Act 9178: Barangay Micro Business Enterprises (BMBEs) Act of 2002 14 Republic Act 7042: Foreign Investment Act of 1991 ……………...................... 14 Laws Affecting Consumers Basic Consumer Rights Right to Basic Need …………………………………………………. 15 Right to Safety …………………………………………………. 15 Right to Information …………………………………………………. 16 Right to Choose …………………………………………………. 17 Right to Representation …………………………………………...
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...U.S. Governments Role in Consumer Protection & Advertising The United States government has continued to grow in size and influence, its effect on marketing is no exception. Consumer protection and product safety include the efforts made by government, nonprofit organizations, businesses, and individuals to create, protect, and enforce the rights of consumers who buy products or services. This may also be identified as consumerism, or the organized efforts of individuals, groups, and organizations to protect the rights of consumers (Pride102). Consumer protection was brought upon through several medians, but is primarily attributed to background legislation. The first major federal law to affect the marketing environment was the Sherman Antitrust Act of 1890, which prohibited contracts, combinations, and conspiracies to restrain trade, in an attempt to discourage monopolies (Pride 73). Many federal laws regarding consumer protection have since followed, such as the Wheeler-Lea Act of 1936 and the FTC Act of 1914. Such legislation is generally the work of the Federal Trade Commission, which was created in the aforementioned FTC Act of 1914, and is considered the primary consumer protection agency at the federal level. By the 1950’s the consumerism movement had a substantial following and consumers began pushing for legal protection against malicious business practices. Two of the most well known and significant consumer activists are Ralph Nader and the late John...
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...Analysis of Brochure | Tourism Package | | Table of Contents Introduction 3 Description of the Brochure 3 Condition, Warranty and Terms 4 Consumer Protection Act 6 Exclusion clause 7 Conclusion 8 References 8 Introduction In the tourism industry, brochures of tourism packages hold an important place. This happens because tourists need to know the options that a company may have for the tourists, so that the tourists can choose the best option available. This is another reason why critical assessment of a brochure is very crucial before it is printed. Each of the elements presented in the brochure is the way that they have the ability to make a company’s image to either fail or enhance. The duty of an advertising agency is to monitor minute details in a brochure of a particular tourist package in order to find out whether the brochure is deceptive, making false representation, offering prizes or gifts, advertising is being baited or it is unconscionable. The aim of this assignment is to show how to evaluate whether a selected brochure is as per the requirements of an excellent advertising element or not. Description of the Brochure The holiday brochure named as Spanish Spree that is a 14-day tour of two countries. There is an additional pass named as backstage pass included in the package that allows the tourists to explore the palace of Spanish royal families on the locally guided tour along with other palaces (Echtner, 2009). What is included on buying...
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...agreed to the terms and conditions of the buyer and sends him (seller) a cheque of $15,000 dollar by September 10, 5 p.m. This contract comes under the Australian Consumer Law which states that consumer has the right to replace, repair or refund on product and services and they are entitled to get guarantee if goods are purchase not to be re-sold. Every single contract has some terms and conditions that the parties are indulged to follow and monitor, for instance, when the buyer pays the money, the seller is indebted to deliver the right product. A term that is described with consumer contracts, it may be such that it is protected by a consumer guarantee. It is important to take into account both express and consumer guarantees when disagreements about consumer contracts arise. If you buy any good or services from a supplier, whatever the supplier claims and make promise about the product and services must be accurate and honest. If the good or services are not what it is portrayed to be, you may exercise your consumer rights under consumer guarantee and can launch a complaint to Australian Competition and Consumer Commission (ACCC) or customer protection organization (agency) for misleading and creating a false (untrue) impression on the minds (thoughts) of the buyer. Australian Consumer Law (ACL) protects consumers contrary to the making of false or misleading...
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...signed a government wide spending bill approving funds for the National Registry. This National Registry would allow Consumers to register on online or through the toll-call-national number in which will protect the Consumers rights of not having calls by Tele-marketers for five years span. After the five years span consumers have the right to renew their phone numbers every five years on this National Registry List and Telemarketers are responsible to update their list every three months by doing so they would not be fined. If they do not honor the National Registry List they will be fined up to amount of $11,000 dollars for their violation. Also noted by (Bagner), (Evansburg), (Watson), and (Welch) ( 2003), the Article FTC’s “ Do-Not-Call Program passes Congress” and received funding the National Registry fees will be collected principally from Tele-marketers. Tele-marketers complained that the cost associated with the National Registry could reach into the millions of dollars including Federal Trade Commission or FTC’s fees and expenses, such as new equipment and operator training. However, Tele-marketing is a billion dollar industry so bear the cost and fees or get out of the business. The information technology for this act Do-Not-Call Implementation Act of 2003 was informed from the Internet, World Wide Web, plus updated equipment to protect Consumers and the Tele-marketers Company to uphold ethical issue of...
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...ARE THE CONSUMER PROTECTION LEGISLATION EFFICACIOUS ENOUGH TO PROTECT THE CONSUMER RIGHTS IN PAKISTAN OR ELSE A NATIONAL STRATEGY IS NEEDED TO EVOKE MASSIVE AWARENESS, ENSURE IMPLEMENTATION OF EXISTING LAWS, APPORTION LIABILITIES AND PROTECT OUR CONSUMER? CONSUMER PROTECTION LEGISTATION IN PAKISTAN “Governments should develop or maintain a strong consumer protection policy, taking into account the guidelines and relevant international agreements. In so doing, each Government should set its own priorities for the protection of consumers in accordance with the economic, social and environmental circumstances of the country and the needs of its population, bearing in mind the costs and its benefits proposed measures.” (Excerpts from the United Nations Guidelines for consumer protection) Introduction 1. Law and Justice System reforms have been high on the agenda of international political as well as development, donor and leading agencies for the past two decades or so.2 As a consequence there has been a great deal of debate revolving round the legal reform process, and several new laws previously unheard of in most of the developing countries have been introduced. In addition to international pressures, reforms have also been high on the agenda of civil society organizations. A survey of the history of consumer protection law reveals that it has gained currency more due to the efforts of the civil society organizations working for consumer rights and the spread of market...
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...6/18/2010 STRENTHENING CONSUMER PROTECTION IN MALAYSIA Mohamed Iqbal b Mohd shafi HIQ TRAINING AND CONSULTANCY 1 1 6/18/2010 OUTLINE OF PRESENTATION 1. Definition of ‘consumer’ 2. What does consumer protection mean 3. Who is responsible for consumer protection in Malaysia 4. How is consumer protection being carried out 5. What can be done to strengthen consumer protection 2 2 6/18/2010 A. Misleading and deceptive conduct,False representation and Unfair practice •Bait advertising •Gifts, prizes, free offers •Claim that goods are limited •Demanding payment without intending to supply •Future services contract B. Safety of goods and services C. Consumer Guarantees D. Claims against manufacturers and suppliers of goods and services E. Tribunal for Consumer Claims PENALTY: Corporate:RM250,000500,000 Individual:RM100,000250,000 Jail term 3-6 years 3 3 6/18/2010 NATIONAL CONSUMER POLICY Launched on 26th of July 2002 Sets out consumer protection strategies: •To raise the standard of living •Laws to protect consumers •Fair and ethical trade •Consumer education •Sustainable consumption •Redressal mechanisms •Consumer forum between government,manufacturers and consumers •International cooperation in consumer matters 4 4 6/18/2010 Definition of ‘consumer’ A consumer is a person who acquires goods or services for personal, domestic or household purpose, use or consumption. He does not acquire them for trade, for use in manufacturing...
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...Rules and Functions of Law Law 421 26 January 2015 Abstract My research paper is based off of my readings and research of the case briefing arguing the results of the law suit between Cipollone V. Liggett. This paper will provide knowledge of the case as well as answers to questions. Court ruling are very important in predicting the outcome of future similar cases, they also give inside on how the legal system develops their ---. One of the most well-known law suits against Big Tabaco manufactures was brought on by a women that had smoked tobacco in the form of cigarettes for a duration of over 42 years. In her law suit she argued that the manufactures of the cigarette companies did not accurately provide risk of smoking and promoted false ---- through ADs. After that case was aquited, Cippollone then appealed her case in the U.S Supreme Court. Based on the question on the congress’s preemption power, given the supreme courts language the preemption was narrow. The manufacture company had no intention to expose the truth about the dangerous effects of smoking Tabaco, rather they promoting the use of Tabaco as appealing and alluring therefor the consumers believed that the advertisements were true based on the companies ,,,, Neither the Tabaco company or their manufactures fell that it is their responsibility to assure the consumers of their stability of their health condition after already stating the health warning on their advertisements. The Supreme Court does...
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...This form is provided as a sample, may not be suitable for every situation or every company and should not be considered legal advice or legal opinion. There may be state or municipality specific information that would affect your use of this form. You should review applicable law in your jurisdiction and consult experienced counsel for legal advice. If you use this form (either “as is” or by modifying the form), you are responsible for all content. YOU SHOULD REMOVE THIS TEXT BEFORE USING THE FORM IN YOUR WORKPLACE. BACKGROUND CHECK DISCLOSURE AND AUTHORIZATION FORM In the interest of maintaining the safety and security of our customers, employees and property, __________________________ (the “Company”) will order a “consumer report” (a background report) or “investigative consumer report" on you in connection with your employment application, and if you are hired, or if you already work for the Company, may order additional background reports on you for employment purposes. The background check company, ADP Screening and Selection Services, will prepare the background report for the Company. ADP Screening and Selection Services is located at 301 Remington Street, Fort Collins, CO, 80524, and can be reached by phone at 800-367-5933 or at their Internet Web site address www.adpselect.com. The background report may contain information concerning your character, general reputation, personal characteristics, mode of living, and credit standing. The types of information...
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...approving funds for the National Registry. This National Registry would allow Consumers to register on online or through the toll-call-national number in which will protect the Consumers rights of not having calls by Tele-marketers for five years span. After the five years span consumers have the right to renew their phone numbers every five years on this National Registry List and Telemarketers are responsible to update their list every three months by doing so they would not be fined. If they do not honor the National Registry List they will be fined up to amount of $11,000 dollars for their violation. Noted by (Bagner), (Evansburg), (Watson), and (Welch) ( 2003), the Article FTC’s “ Do-Not-Call Program passes Congress” and received funding the National Registry fees will be collected principally from Tele-marketers. Tele-marketers complained that the cost associated with the National Registry could reach into the millions of dollars including Federal Trade Commission or FTC’s fees and expenses, such as new equipment and operator training. However, Tele-marketing is a billion dollar industry so bear the cost and fees or get out of the business. The information technology for this act Do-Not-Call Implementation Act of 2003 was informed from the Internet, WorldWideWeb, plus updated equipment to protect Consumers and the Tele-marketers Company to uphold ethical issue of Consumers rights as a Nation Wide law with this Registry list and uphold...
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...A Short Memorandum on Law, Regulation, and Consumption Dr. Bronwen Morgan A. Standard Economic Approaches A highly simplified standard (neoclassical) economic account of the relationship between law, regulation and consumption would posit that, first, the arena for consumption is constituted at a background level by law. General legal rules of contract provide the framework within which consumption choices are made, while general legal rules of tort, or wrongful harm, provide a post-hoc means of remedying a range of the possible damage or harm that might flow from consumption choices. Regulation enters the picture in both specific and general ways, all of which aim essentially to pre-emptively correct market failures that might harm vulnerable consumers. General statutory consumer protection rules (for example prohibiting certain terms in standard contracts, or unfair pressure in situations of unequal bargaining power) are supplemented by sector-specific statutory attempts to mitigate or prevent particular harms and risks that might be suffered by consumers, whether through poor water quality, contaminated food, morally offensive publications for children or the like. In this picture, regulation is the skeleton that gives shape and structure to a well-functioning market society. Regulation, as Karl Polanyi argued so eloquently many decades ago, constitutes the market. Neoclassical perspectives have in recent years adopted the Polanyian appreciation of the importance...
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...The Law Handbook Your Practical Guide to the Law in New South Wales 11th edition Contracts 12 Author Carolyn Penfold, UNSW, Sydney The information contained in this document is as up-to-date and as accurate as possible at time of publication in August 2009. 340 The Law Handbook A consumer is a person who acquires goods or services for personal or household use. We are all consumers. Most consumer dealings, whatever their size, cost or importance, are based on a contract. The basic principles of contract law are discussed in this chapter. These apply to purely commercial transactions (such as between a manufacturing business and its supplier), as well as transactions where one of the parties is a consumer. The development of contract law Contracts under common law Contract law is largely a product of the common law – it has been developed by the courts rather than by parliament passing laws. A basic common law principle is the assumption that a contract is a bargain made freely between equal parties (freedom of contract). Because of this, courts have been unwilling to set aside or alter contracts except in very limited circumstances. Even where there has been unfairness or sharp practice the principle of sanctity of contract has generally prevailed, and contracts have been upheld. not the equality that contract law has traditionally assumed. Limited bargaining opportunity In practice there is usually little opportunity for bargaining – goods and services...
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