Consumer Law: Contract Essentials & Protection Act

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Questions and Answers

Which of the following scenarios would invalidate 'consent' in a contract?

  • Entering the agreement after carefully reviewing all terms and conditions.
  • Accepting the offer after a period of negotiation with the other party.
  • Agreeing to the contract while under the influence of alcohol. (correct)
  • Seeking legal advice before signing the contract.

The principle of 'caveat emptor' provides the same level of protection to consumers purchasing second-hand goods as the Consumer Protection Act does for new goods.

False (B)

Briefly explain how the Fair Trading Act protects consumers from misleading information.

The Fair Trading Act ensures consumers are not deliberately misled by false or deceptive claims about products or services, including promised prizes that are not fulfilled.

In a contract, the ______ is the payment or consideration exchanged between the parties.

<p>consideration</p> Signup and view all the answers

Match each consumer protection issue with the appropriate organization to seek help from:

<p>Disputes involving faulty goods = Disputes Tribunal Misleading advertising = Commerce Commission Information about consumer rights = Consumers Institute Issues with a government department = Ombudsman</p> Signup and view all the answers

What is a key disadvantage of using hire purchase to acquire goods?

<p>The total payment may increase due to inflation. (B)</p> Signup and view all the answers

A verbal agreement is never a legally enforceable contract.

<p>False (B)</p> Signup and view all the answers

List three conditions goods must meet under the Consumer Protection Act.

<p>Goods must not be faulty, match the product description, and perform their intended function.</p> Signup and view all the answers

An agreement becomes a legally binding ______ when it meets all essential requirements and is enforceable by the courts.

<p>contract</p> Signup and view all the answers

Which of the following best describes the role of the Ministry of Consumer Affairs?

<p>Providing help with the Consumer Guarantees Act. (A)</p> Signup and view all the answers

Flashcards

Contract

An agreement between two or more parties that is enforceable by law.

Offer

An invitation to buy something; the first step in forming a contract.

Consideration

Something of value exchanged in a contract.

Consent

Voluntary and informed agreement to the terms of a contract.

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Consumer Protection Act - Goods

The product must not be faulty. It must match the description and serve its intended purpose and have spare parts.

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Hire Purchase

Making regular payments for goods, allowing use before complete payment.

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Fair Trading Act

Ensures businesses provide truthful information about products and services.

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Fair Trading Act

Protects consumers against misleading product claims and false advertising.

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Consumers Institute

Organisations that provides information to the public about the Global Trade Services.

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Disputes Tribunal

Resolves disputes of less than $30,000.

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Study Notes

  • Consumer law is essential for ensuring an orderly way of life.
  • A contract is an agreement between two or more parties that is enforceable by the courts.

Essential Parts of a Contract

  • Offer: An invitation to buy something.
  • Consideration: The payment made in a contract.
  • Consent: Freely given acceptance of the contract terms.
  • Legality: The contract must be within the boundaries of the law.
  • Legal Capacity: Parties must be of age, sane, and sober to enter a contract.
  • Acceptance: Agreement to the offer.
  • Counter offers can occur during contract negotiations.
  • Consent is invalid if given under influence, blackmail, or duress.

Consumer Protection Act

  • Protects against unsuitable goods.
  • Ensures goods are not faulty, match their description, fulfill their intended purpose and have spare parts available.
  • Functions as a guarantee.
  • Enables consumers to get a refund, repair, or replacement for faulty goods.
  • Caveat emptor (buyer beware) applies to second-hand goods.

Hire Purchase

  • Requires regular payments for goods.
    • Advantage: Use of the product before it is fully paid.
    • Disadvantage: Inflation can increase the total payment amount.
    • Goods can be repossessed if payments are not made.

Fair Trading Act

  • Protects consumers against misleading products.
    • Consumers must not be deliberately misled.
    • Promised prizes must be fulfilled.
    • Information about goods must be truthful.
    • The Commerce Commission addresses issues related to the Fair Trading Act.

Consumer Support

  • Ministry of Consumer Affairs: Provides assistance with the Consumer Guarantees Act.
  • Commerce Commission: Provides assistance with the Fair Trading Act.
  • Disputes Tribunal: Handles disputes involving amounts less than $30,000.
  • Lawyers: Handle major claims and broken contracts.
  • Consumers Institute: Offers public information on Global Trade Services.
  • Ombudsman: Assists with issues related to Government Departments.
  • Citizens Advice Bureau: Provides general advice and support.

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