Issues of compliance and non-compliance re consumers (1 Viewer)

[DanS]

One of the syllabus T/Cs for consumers is 'issues of compliance and non-compliance', which - shock horror - is a favorite for exam committees as the basis for a 25 mark essay.

Can anyone here define who this generally concerns? i.e., the businesses/manufacturers, or mainly the consumer? It is far more applicable and understandable in relation to crime, but here it is a little vague...

thanx!

EDIT: sorry this should be under 'Consumers'...

 

[DanS]

hello?? ....a.....anyone?

 

[MumboJumbo]

For the most part, when assessing compliance and non-compliance, you will be making a judgement on how the businesses/manufacturers comply with consumer law. Generally, businesses aim to comply with consumer law in order to ensure customer satisfaction. Whilst the law encourages individuals to seek out a means of achieving justice in their own manner if businesses do not comply, if this is not possible, there are several mechanisms available. The issue is prevalent in essentially all areas of the syllabus, but some areas you could focus on are:

- Contracts: With the Competition and Consumer Act 2010 (Cth), there are new standards regarding merchantable quality: it has been extended to one of acceptable quality. Also, there are provisions about certain information that businesses must supply on their warranty cards. You could discuss the ramifications if they do not comply with these laws, whilst also highlighting the mechanisms for achieving justice, i.e. Australian Consumer, Trader and Tenancy Tribunal, and the Australian Competition and Consumer Commission.
- Regulation of Marketing and Advertising: once more, you can talk about how the CCA 2010 protects consumers through prohibiting certain practices. You could then go on to provide examples of situations in which these laws have not been complied with, assessing the responsiveness of the legal system.

 

[DanS]

For the most part, when assessing compliance and non-compliance, you will be making a judgement on how the businesses/manufacturers comply with consumer law. Generally, businesses aim to comply with consumer law in order to ensure customer satisfaction. Whilst the law encourages individuals to seek out a means of achieving justice in their own manner if businesses do not comply, if this is not possible, there are several mechanisms available.

Hey, thanks very much!

Yes, I was thinking more along the lines of compliance and non-compliance in relation to businesses/manufacturers, but was wondering if there was something I had overlooked!

Whilst we are on the go... the question I am doing at the moment is "Assess how compliance and non-compliance are demonstrated in the operation of consumer law." In that case do you think it would be more wise to limit my response to issues of compliance and non-compliance specifically in relation to statutory and common law, or take the term 'in the operation of consumer law' to mean the general day-to-day activities, processes, factors etc. that contribute and influence all that we class under the 'consumer' concept? Sorry that's worded rather ambiguously...

Thanks again! GL with Legal Studies!