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Unformatted text preview: 1 BUSINESS AND THE LAW Consumer protection and the Trade Practices Act 1974 (Cth) WEEK 9 LEGT 1710: Session 2, 2010 Lecturer: Leela Cejnar 2 The Trade Practices Act 1974 Next 2 lectures (weeks 9 and 10) Consumer provisions: week 9 Competition provisions: week 10 3 Consumer Protection Trade practices and unfair practices s 51AA- s 51AC: unconscionable conduct s 52: misleading or deceptive conducts s 53: false representations Defences under the Trade Practices Act Remedies under the Trade Practices Act Implied conditions/warranties for sellers and manufacturers 4 Sale of Goods/Product Liability Please note in this unit we are NOT DEALING with: Sale of Goods Product Liability Therefore the following pages in Latimer are NOT RELEVANT: pp 494 to 496 pp 498 to 539 pp 548 to to 555 5 Overview On completion of this week in you should be able to: Explain who may be caught under the Trade Practices Act 1974 (Cth) Explain who a consumer is: s 4B, Trade Practices Act 1974 Explain what is unconscionable conduct within the meaning of the Trade Practices Act 1974 Explain what is meant by misleading or deceptive conduct in s 52, Trade Practices Act and identify different types of conduct that might be misleading or deceptive Identify the different types of false representations set out in s 53, Trade Practices Act 1974 Identify defences available under s 85 for breaches of the consumer protection provisions of the Trade Practices Act 1974 Suggest possible remedies for breaches of the consumer protection provisions of the Trade Practices Act 1974 Identify the non-excludable implied conditions and warranties applicable to consumer contracts Identify a manufacturers statutory obligations under the Trade Practices Act 1974 6 Trade Practices Act 1974 (Cth) The Trade Practices Act (TPA) is a federal/Commonwealth statute that: Regulates RESTRICTIVE TRADE practices to produce greater competition and efficiency in the market for the benefit of consumers; and Protects the interests of consumers of goods, services and land against UNFAIR PRACTICES 7 Trade Practices Act 1974 (Cth) The consumer protection provisions contained in the Trade Practices Act 1974 has far-reaching consequences on the activities of consumers and businesses. 8 Trade Practices Act 1974 (Cth) Constitutional basis s 51(xx) of the Constitution: the corporations power, allowing regulation of foreign, trading or financial corporations. BUT the conduct of persons other than corporations may be caught: see s 6(2), Trade Practices Act. Corporations or persons doing interstate trade or business, using the phone, post or email will also be captured: see s 6(3), Trade Practices Act....
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This note was uploaded on 07/25/2011 for the course LEGT 1710 taught by Professor Leena during the Two '10 term at University of New South Wales.
- Two '10