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Optional Focus Study 1 – Consumers - Relevant Syllabus Sections:
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•concepts of the consumer in the law
–the nature of the change from a rural subsistence society to an urban mass-consumption/production society, including the effect of this change on the role of the State in consumer affairs
–contracts and terms implied by common law and statutes
–the regulation of marketing and advertising, including general standards, specific requirements, deceptive marketing practices and ‘cooling off’ periods
–occupational licensing, including self-regulation, State regulation, licensing of occupations such as motor car dealers and repairers, travel agents and review of licensing decisions
–financing a purchase, including the notion of security, rights and remedies of borrowers and credit providers and the regulation of credit providers
Legal Issues and Remedies
•consumers’ rights
–the nature of contracts, including the binding nature of a contract, written and oral contracts, terms and conditions of contracts, parties to contracts and privity of contract
–the role of common law in remedying injustice, legislation designed to remedy injustice such as the Contracts Review Act 1980 (NSW), problems of language and literacy, discrimination in supply of goods and services (including credit) and remedies for breach of contract
–statutory controls, including rights against suppliers, rights against manufacturers, rights against finance companies, quality of goods and services, compliance with description and promotional material and legislation governing spare parts and repair facilities
•consumer redress
–self-help and awareness, including complaints to suppliers and manufacturers
–sources of advice and assistance for dealing with complaints, including relevant government agencies, consumer groups, the media, investigating agencies
–processes for redress, including self-help, mediation and conciliation, Fair Trading Tribunal, arbitration, class actions and the courts
–consumer remedies, including damages, rescission and modification of contract, special orders, injunctions and specific performance
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliace
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•To what extent can competition policy achieve equity and justice?
•How useful are legal controls in protecting the rights of consumers in regulating manufacturers/suppliers?
•How effective is the law in protecting consumers, manufacturers/suppliers?
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•concepts of the consumer in the law
–the nature of the change from a rural subsistence society to an urban mass-consumption/production society, including the effect of this change on the role of the State in consumer affairs
–contracts and terms implied by common law and statutes
–the regulation of marketing and advertising, including general standards, specific requirements, deceptive marketing practices and ‘cooling off’ periods
–occupational licensing, including self-regulation, State regulation, licensing of occupations such as motor car dealers and repairers, travel agents and review of licensing decisions
–financing a purchase, including the notion of security, rights and remedies of borrowers and credit providers and the regulation of credit providers
Legal Issues and Remedies
•consumers’ rights
–the nature of contracts, including the binding nature of a contract, written and oral contracts, terms and conditions of contracts, parties to contracts and privity of contract
–the role of common law in remedying injustice, legislation designed to remedy injustice such as the Contracts Review Act 1980 (NSW), problems of language and literacy, discrimination in supply of goods and services (including credit) and remedies for breach of contract
–statutory controls, including rights against suppliers, rights against manufacturers, rights against finance companies, quality of goods and services, compliance with description and promotional material and legislation governing spare parts and repair facilities
•consumer redress
–self-help and awareness, including complaints to suppliers and manufacturers
–sources of advice and assistance for dealing with complaints, including relevant government agencies, consumer groups, the media, investigating agencies
–processes for redress, including self-help, mediation and conciliation, Fair Trading Tribunal, arbitration, class actions and the courts
–consumer remedies, including damages, rescission and modification of contract, special orders, injunctions and specific performance
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliace
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•To what extent can competition policy achieve equity and justice?
•How useful are legal controls in protecting the rights of consumers in regulating manufacturers/suppliers?
•How effective is the law in protecting consumers, manufacturers/suppliers?
