Tabris
Member
- Joined
- Mar 16, 2004
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- HSC
- 2004
Evaluating the Effectivness of the law essay plan:
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Intro
- 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
(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
(Body2)
- 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.
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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
-------------------------------------------------------------------------------------------------------
Intro
- 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
(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
(Body2)
- 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
