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.
|