Hsc Consumer Law Essay Examples

Originally Posted by Tabris

Evaluating the Effectivness of the law essay plan:



- the effectiveness of the law can be evaluated by examing the effectiveness on individuals; equality, accessibility, enforcability, resource efficiency and recognition and protection of rights.
- For society it can be evaluated through its resource efficiency, reflection of community standards, opportunities for appeals , reviews and eforcability and balancing rights and values of society with individuals


(Body 1)

- There always has been an unequal baalnce of power between indiviudals and businesses and the law atempts to rectify this problem through the creation of statute law.

- Trade practices act 1974(Cth)
- Sales of goods act 1923 NSW
- Fair Trading act 1987 NSW
- Contract review act 1980(NSW)

- These statutes attempt to balance the power between individuals and businesses in achieving justice

- These statutes set out the obligations, rights and responsibilities of the individuals and the business firms regarding the production and consumption of goods and services

- Donoghue vs Stevenson case showing the shift of power by challenging the Lassaiz faire notion creating a more equal baalnce of rights and responsibilities of consumers and businesses

- However equality is limited as individual power can not match the collective power of business firms

- Overall equality of rights and responsibilty exists in simple transactions and is effective but not in major disputes where there is a great inequality of power between individuals and trans-national businesses


- accessibility refers to the ability of the individual to achieve consumer redress and is essential in achieving justice as shown in Dietrcih v Queen

- accessbility to the law has increased with the introduction of ADR, mediation and conciliation and out of court settlements as well as self help programs

- This along with the department of fair trading's complaint handling has allowed greater consumer redress for individuals over the years
- the existence of legal aid has created financial support for individuals who dont have the resources to take on big businesses

- however there the effectiveness of mediation and conciliation and self help mechanisms are limited and many cases end up in court

- legal aid is limited and requires means tested and the cost and time of litigation deters many from taking action

- even if legal aid is guarenteed, the quality of representation may be of a lower standard than a rich business's lawyers

- Overall, the law can effective in providing access to simple disputes and again, complicated and large disputes deters many individuals from taking action

(Body 3)

- Enforcability refers to the effectiveness of the law in enforcing itself on soceity

- The law is effective in enforcing any domestic breaches as statute law and common law is applied in the same way as any other law

- The existence of the ACCC, ASIC and APRA monitors the markets and major business activity so any breach can be dealt with the fullest extent of the law

- However, globalisation has restricted the enforcability of domestic law as it cannot exted beyond our borders unlike businesses

- James Hardy Aesbestos case and Christopher Skase case is one example where business owners has shifted overseas and escaped major legal action

- International law is in its infant stages and cannot be effective in extradition etc.

- Overall the law can be enforced effectively domestically but not internationally

(Body 4)

- Resource efficiency has improved the time and costs of achieving jsutice and consumer redress for indivuduals

-The ACCC, dept of fair trading all provide information on consumer's rights and businesses responsibilities

- Through self-awareness of rights, individuals can use self help measures and mediation and conciliation avenues to achieve redress

- However, resources can only be efficientyl sued on a small simple scale, large matters require massive amounts of resources and time

- The bereaucracy and red tape involved in the legal system which limits the effectiveness of resource efficiency for the indivudal

- Overall resource efficiency can only be effective and useful in minor matters not large corporate legal action matters

(Body 5)

- recognition and protection of individual rights has been largely effective through the law

- Trade practices act 1974(Cth)
- Sales of goods act 1923 NSW
- Fair Trading act 1987 NSW
- Contract review act 1980(NSW)

- The department of fair trading and the ACCC recognises rights of the consumers by monitoring and making reviews of current rights with business and consumer trends

- Australia has also implemented the UN International Convenant on social and economic rights (ICSER) 1966 which protects and recognises basic human economic rights

- The ACCC and dept of fair trading and the also advocates for the consumers if the matter is beyond there comprehension

- Amadio case where the law recognised and protected Amadio's rights where the Bank attempted to take advantage through unconscionable behaviour

- the recent media case where the RBA took action against major credit card banks to stop increased card fees

- overall the law has been very effective in protecting and recognising individual rights.


This is a rough plan of my intro and body for evaluating the effetivness of the law in teh consumer law topic

I will include effectiveness of society later

Anway what do u think of it? its for my assessment task on Monday and some feedback would be nice, if theres any problem or bad information in it plz let me know

This Hot Topics looks at the new national consumer legislation, the Australian Consumer Law (ACL), which provides new laws relating to product safety, unfair contract terms, national consumer guarantees, door-to-door sales, lay-by agreements and information standards for services as well as products.

This online publication is a condensed version of the printed Hot Topics No 83: Consumer law. The full printed publication is available in all NSW public libraries.

About the authors

This Hot Topics has been developed by the Legal Information Access Centre with the cooperation and contribution of the following agencies: the Australian Competition and Consumer Commission, the Australian Securities and Investments Commission, NSW Fair Trading, the Consumer, Trader and Tenancy Tribunal and the Australian Communications and Media Authority. Additional detail has been drawn from Commonwealth Treasury publications - The Australian consumer law: guide to provisions and the Australian consumer law: an introduction.

Additional commentary provided by Mr John McGrath, Associate Lecturer, School of Law, University of Western Sydney.


Chapter one


Australian Consumer Law (ACL) - general protections - specific protections - other NSW consumer legislation.


Chapter two

Unfair business practices

Misleading and deceptive practices - unconscionable conduct - false and misleading representations - country of origin labelling - information standards.


Chapter three


About contracts - contracts with minors - unfair contract terms.


Chapter five

Sales practices

Unsolicited supplies - door-to-door sales - pyramid schemes - pricing - lay-by agreements - referral selling - harassment and coercion.

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