legal assessment - essay (1 Viewer)

[flyhigh]

Hi, i've got a two legal essays to be done worth 40%. One is a structured essay on Human rights which i've done and the other is on consumers. Could someone help me with this question:

"Assess the place of the law in resolving conflict between consumers and providers of goods and services"

What should i write about? need to include? am i suppose to be writing about Consumer redress only or should i be mentioning consumer rights also? im not really sure how to get started, so if any1 could provide me with a brief outline of what to include it would be nice! Thanks in advance

 

[santaslayer]

You essentially select a number of issues you would like to raise in your essay and how such legal mechanisms are utilised to resolve disputes. Such issues may involve:

1) Standards of Contracts

-Trade Practices Act 1974 (Cth)
-Sale of Goods Act 1923 (NSW)
-Fair Trading Act 1987 (NSW)

These Acts include implied terms in a contract.

Also:

-Misrepresentation
-Duress
-Undue Influence
-Unconscionability (Part IVA of the TPA), also (Commercial Bank of Australia Ltd V Amadio (1983) 151 CLR 447)

These are used in the common law courts.


Then there's
-Anti discrimination legislation
-Fair Trading Tribunal pursuant to Fair Trading Tribunal Act 1998 (NSW) which is responsible for hearing matters under:

1) Consumer Claims Act 1998
2) Consumer Credit (NSW) Act 1995 -yes that's how it's written, I haven't got the order wrong.
3) Credit Act 1984
4) Fair trading Act 1987
5)Home Building Act 1989
5) Motor Dealer Act 1974
Travel Agents Act 1986

Then theres the same old, same old:

Arbitration, Conciliation, Mediation etc.....


Only some Legal mechanisms to remedy injustice. Others can be found elsewhere.

 

[flyhigh]

thanks alot santa !