TOPICS

Contract, statutory provisions

Generic terms and statutory guarantees; 11.1.

Legislative provisions; 11.1.1.

The origins of Australian sale of goods legislation; 11.2.1.

The assumptions on which the sale of goods legislation is based; 11.2.2.

The Australian Consumer Law; 11.5.

Contract, sale of goods legislation, implied terms

Filling gaps in the agreed terms of a sale contract; 11.3.1

The identity of goods bought and sold; 11.3.2.

Terms regarding the delivery of goods bought and sold; 11.3.3.

Terms regarding payment for goods bought and sold; 11.4.

Terms regarding legal title to goods sold; 11.3.5.

Terms regarding the inspection of goods sold; 11.3.6.

Implied terms regarding the quality of goods; 11.3.7.1.

The quality of goods sold in the course of business; 11.3.7.2.

The requirement of 'merchantable' quality; 11.3. 11.3.7.4.

The quality of goods sold by reference to a trade name; 11.3.7.5.

The quality of goods sold 'by sample'; 11.3.7.6.

Other implied terms; 11.3.7.7.

Contract, sale of goods legislation, enforcement.

Statutory remedies; 11.4.1.

Remedies provided by the sale of goods legislation; 11.4.2.

Restrictions on the right to reject goods; 11.4.3.

Excluding liability for the quality of goods; 11.4.4.

Contract, Australian Consumer Law

The reform of consumer protection legislation; 11.5.1.

Contract, Australian Consumer Law, statutory guarantees

The provision of non-excludable guarantees in consumer contracts; 11.5.2.

Specific guarantees; 11.5.3

correspondence of goods with description; 11.5.4.

acceptable quality; 11.5.5.

suitability for a consumer's purpose; 11.5.6.

correspondence with samples; 11.5.7.

good title and quiet possession; 11.5.8.

the availability of spare parts and repairs; 11.5.9.

express warranties; 11.5.10.

Guarantees with regard to the supply of services; 11.5.11.

Contract, Australian Consumer Law, enforcement

Enforcement and remedies; 11.6.1.

Undesirable business practices, regulation of

Regulating business practices; 12.1.

The need for regulation; 12.1.1.

The framework of the Australian Consumer Law; 12.1.2.

Two key concepts; 12.1.3.

Some general questions regarding the operation of the ACL; 12.1.4.

Undesirable business practices, misleading conduct

Statutory protection against misleading or deceptive conduct; 12.2.1.

The elements of s 18: misleading conduct; 12.2.3.

The elements of s 18: the relevance of intention; 12.2.4.

The elements of s 18: 'in trade or commerce'; 12.2.5.

The elements of s 18: 'a person'; 12.2.6.

Remedies and enforcement; 12.2.7.

Undesirable business practices, unconscionable conduct

Statutory protection against unconscionable conduct; 12.3.1.

Unconscionable conduct in breach of s 20 of the ACL; 12.3.2.

Unconscionable conduct in breach of s 21 of the ACL; 12.3.3.

Circumstances that may give rise to a breach of s 21 of the ACL; 12.3.4.

Remedies and enforcement; 12.3.5.

Undesirable business practices, unfair terms in contracts

Invalidating unfair terms in consumer contracts; 12.4.1.

Identifying regulated contracts; 12.4.2.

Identifying unfair terms; 12.4.3.

How unfair terms are dealt with; 12.4.4.

Remedies and enforcement; 12.4.5.

Undesirable business practices, unfair business practices

Prohibition of unfair practices; 12.5.1.

False or misleading representations; 12.5.2.

Offering gifts and prizes; 12.5.3.

Misleading conduct as to the nature of goods or services; 12.5.4.

Bait advertising; 12..5.

Wrongly accepting payment for goods; 12.5.6.

Unsolicited cards; 12.5.7.

Unsolicited goods; 12.5.8

Pyramid schemes and referral selling; 12.5.9

Multiple pricing12.5.10.

Harrassment or coercion; 12.5.11.

Enforcement and remedies; 12.5.12.

Undesirable business practices, unsafe products

Safety standards; 12.7.1.

Undesirable business practices, unsolicited consumer agreements

Standards of conduct; 12.6.1.

Enforcement and remedies; 12.6.4.

Undesirable business practices, other statutory regulation

The Australian Securities and Investments Commission Act and the Corporations Act; 12.8.1.