Consumer Protection

• Most consumers must know what it means to be given a "fair go" - being treated justly and fairly.

  E.g products should be good quality, no misleading information and parties must abide by terms and conditions (paying for a service and having it fulfilled).
• Consumer Rights are protected under 2 key legislations:

  • Competition and Consumer Act 2010
  • Fair Trading Act 1987 (NSW)
• Offer:

  A proposal, involving one of the parties offering something of value (e.g money) to the other party in the agreement.

  • The person making the offer (offerer) must clearly communicate their intention to the other party (offeree)
  • A display item in a store is an invitation to rtreat and the business does not legally have to sell the good. The consumer makes an offer to purchase which can be accepted or rejected by the retailer.
  • This applies to self-service situations
• Acceptance:

  Occurs where the offeree agrees to the proposal

  • This involves wither a written or oral statement or an act that clearly communicates acceptance of the offer (e.g a shake of the hand).
  • E.g In a supermarket, the seller accepts your offer to purchase when they hand you the groceries.
• Consideration:

  The final essential feature required to form a valid contract

  • This stage requires each party to the agreement to give up something of value.
  • Consideration can be taken in the form of a sum of money paid, or the promise to do something
  • In the supermarket example, you give up your money and the retailer gives up the groceries.