Australian Consumer Law Essay

It also provides safety and information standarts, establishes liabilities of manufactures and products. The law is continuously developing in order to protect customers against unfair practices of manufactures. In the past the remedies for dissatisfied customers were stated only in the common law, which was unable to provide sufficient protection. However, on 1 January, 2011 The Australian Consumer Law commenced , which was a big movement towards the provision of adequate protection of customers. It is elaborate law and it is applicable nationally, in all states and territories and also to Australian businesses. The Australia Consumer Law now includes: * a new, national unfair contract terms law covering standard form contracts; * a new, national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties; * a new, national product safety law and enforcement system; * a new, national law for unsolicited consumer agreements, which replaces existing State and Territory laws on door-to-door sales and other direct marketing; * simple national rules for lay-by agreements; and new penalties, enforcement powers and consumer redress options, which currently apply nationally. www. consumerlaw. gov. au) A contract is an agreement which is made between two or more parties and it must be enforced legally. A contruct is concluded when an offer is made by one party to another one and the other party accepts it. There is no particular definition for a ‘standard form contract’, however, standard form contract is usually made by one party and is not the subject of discussion between two parties. They are normally used for supply of goods and services to consumers in various industries. The contract is considered to be unfair if its terms are treated as if they have never existed. Under the Competition and Consumer Act(2010), a ‘consumer contract’ is a contract for: >the supply of goods or services or > the sale or grant of an interest in land to an individual who acquires it wholly or predominantly for personal, domestic or household use or consumption. Under Sch 2, s. 24(1) of the Act and s. 12BG of the ASIC Act, states that a term of a consumer contract is unfair if it: >would cause a significant imbalance in the parties’ rights and obligations arising under the contract and gt; is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term and >would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on. All three limbs of the unfairness test must be proven, on the balance of probabilities, to exist for a court to decide that a term is unfair. The unfair contract terms laws for consumer goods and services are enforced by both Common wealth and state and territory consumer protection agencies. The courts determine whether the term of a contract is unfair and make decisions about the redress of loss or damage suffered by consumers. Sometimes tribunals can perform the same functions. In division 1 of Part 3-2 of the Australian Consumer Law can be found the rights of the consumer to guarantees, which are provided by manufactures and supplies about their goods and services. All goods must be of an acceptable quality which means that they are fit for a particular purpose for which they are supposed to be used, their appearance is good, they are without any defects and also safe and durable. The suppliers must fix the problems in goods if they do not meet a consumer guarantee even in case when there is no extended warranty or if the warranty has expired. Suppliers are also responsible for all promises made to consumers. â€Å"Express warranties† are often given by suppliers or manufactures, which means that they make additional promises about quality, characteristics, state and condition of their goods. For example, a supplier may tell the customer that the chair will last for 5 years, and that will mean that he/she guarantees that this good will satisfy this warranty. If this chair fails to meet consumers guarantee, then the consumer will have the right for a remedy. There exists another warranty which is called â€Å"warranty against defects†, which means that suppliers and manufactures guarantee that any defects in the product they provide will not appear during a particular period of time, otherwise they will be responsible for either its repair or replacement. A warranty against defects must be done in a written form. Also consumers can get any compensation, which will cover their loss. The explanation and codification of a more exact guarantee of â€Å"acceptable quality† as well as the provision of remedies for consumers are two of the most important changes that were introduced into the Australian Consumer Law and they make consumers guarantees more clear. As it was mentioned before, the Australian Law is moving to over protect consumers but until 1974 it was very difficult for a consumer to have remedy against anyone but the immediate supplier of defective goods. There was no remedy available to the consumer against third parties under contract law because no contractual relationship existed between them and the consumer (Gibson, Fraser, 2011). However, nowadays if consumer suffered any damage because of defective goods, the manufactures are strictly liable. If the manufacturer or the supplier fails to fulfill the guarantees as laid in the law then there can be civil penalties to the tune of $50,000 for the company and $10,000 in case of individual (Clark, 2011). The consumer may elect to sue either their immediate supplier or the manufacturer directly (Gibson, Fraser, 2011). The remedies which consumers can be provided by law can be found in Part 4-5 of the Australian Consumer Law where the remedy is dependent on the gravity of a breach. The manufacturer of defective goods that cause personal injury or damage may be liable to compensate an individual who is injured (section 138), an injured third party, such as bystander (section 139), a person for damage to personal, domestic or household goods( section 140) and a person for damage to land, buildings or fixtures( section 141) (Gibson, Fraser, 2011). There is a section 18 in the Australian Consumer Law, which prohibits conduct by a corporation that is misleading or deceptive. The law can be broken if the company affects consumers thoughts and prevents him/her from making reasonable decisions by providing untruthful information about the price, quality or value of goods and services in advertisement, statement, quotation, representation or promotion of the company. In this case the conduct of the business will be considered misleading and deceptive even if it was unintentional. For example, if a real estate agent wants to sell the property and tells the potential customer that his/her flat will be overlooking the park with a school nearby but in reality there is neither park, nor school. Consumer who suffered loss because of breach of section 18 can bring a civil action. Section 18 is a catch-all provision and does not require the conduct be deliberate, so there are no criminal penalties (Gibson, Fraser, 2011). There is also a number of other ‘unfair practices’ that are prohibited by the Australian Consumer Law such as offering gifts or prizes (section 32), misleading conduct as to the nature or manufacturing process of goods (section 33), misleading conduct regarding services (section 34), bait advertising (section 35), referral selling (section 49), accepting payment without intending to supply (section 36), coercion or harassment at place of residence (section 50), pyramid selling (sections 44-46), unsolicited credit cards (section 39), unsolicited goods and services (sections 40-41). These sections carry criminal penalties and civil remedies, therefore it must be established that the conduct was deliberate. The Australian Consumer Law introduces a national law on product safety. All goods have prescribed standard and it is prohibited to supply goods if they do not comply with this standard. The standards of product safety are related to such things as products performance, design, contents, its testing during and after manufacture process and also to the presence of necessary warnings and instructions, which help consumers to avoid risk of being injured. In the sections 195-204 offences related to supply of products that do not comply with a prescribed standard. Fines may be up to $1,1 million for a corporation and $220,000 for an individual, or civil pecuniary penalties up to similiar maximums. The Australian Consumer Law is improving and a number of changes were made related to the rights and remedies of consumers in order to provide them better protection. One of the reasons for the extension of consumer protection provisions is probably the aim to motivate companies to act fairly in their business. !!? But for this law to work it is also necessary that consumers are aware of their rights and that will prevent them from being misleaded by suppliers. References Australian Consumer Law, Commonwealth of Australia, 2010, viewed on 23d August, 2012. http://www. consumerlaw. gov. au/content/Content. aspx? doc=the_acl. htm Clarke J. 2011, Australian contract and Consumer Law, viewed on 23d August, 2012. http://www. australiancontractlaw. com Gibson A. , Fraser D. , Business Law, Pearson Australia, 2011, pp. 549-633.

Learning objectives of the student Essay

By the end of the grant period, the learners should be able to: †¢ Internalize the basic definitions of concepts which will be met during the study. †¢ Use the various methods of measuring techniques to find measurements of simple lengths. †¢ Use the measurement tools effectively in class and outside the classroom. †¢ Demonstrate on the board on the use of the various tools in measuring. †¢ Apply the knowledge learned in class in real life situation i. e. giving the students a challenging life application question and finding out if they can get the answers correctly. Method of Instruction: Teacher may adopt the instruction led method to disseminate information to the learners by use of segments of information and presenting the idea systematically. Teacher can adopt use of the demonstration method where the learner follows in detail how a particular procedure or technique is being followed. The lecture method is also a common instructional method which can be used by the teacher. This involves the teacher gives monologue information without getting responses from the learners. The teacher can use the coaching instruction for the learner. This refers to a detailed step in which the learner is taken through so that he can grasp the concept. The students can also be left on their own to practice what has been learned in class, thus the practice method is another instructional method to be used in the classroom. Reference: National Council of Teachers of Mathematics Retrieved o

Revise Assignment Example | Topics and Well Written Essays - 250 words

Revise - Assignment Example The aura to have a relative was increased by the death of my grandmother who was my only source of comfort and solace. Specifically, she was a good-hearted woman who understood my predicaments more than my dad did and mum would. As a result, her death was a massive blow, and I could not hide the trauma that the demise caused me. My parents noticed that I had changed and would always ask me if I was still in the need of a brother or sister. At the age of twelve, my parents understood that I was old enough to comprehend ‘adult talk.’ When she informed me that I would get a brother, I knew that she was on the family way. The days passed and the on a hot summer day of 2001, my mum called from the hospital to requesting my dad to head there immediately. Something was amiss. A moment after arriving, a nurse took my mom away into a maternity ward on a wheelchair. My father and sat and waited in the emergency room of Vlora. Shortly after, a nurse approached us. She signaled my father that they could have a word away from me. According to the sudden change in the moods of my dad, I could tell that something had gone terribly wrong. My father confirmed my fears later when he told me that my mother was incapable of doing a natural delivery. As such, she had to undergo a surgery. My heart skipped a beat as my head sunk in frustration. Minutes later, she was led out of the operating room at around eleven o’clock. However, she came out alone, as Servi had to be left in the incubator. My agony grew by every passing day. The doctors told us that we had to wait the baby to stay in the nursery for the next three days. I also grew impatient and would cry all day because I was too eager to see my brother. After three days, my mother was declared fit and healthy by the doctors. She was discharged together with Servi. Finally, I had the chance to lay my hands on the little Servi. However, I could not be allowed until I put on a sterilized gown. I later learned

The Importance of My Values Essay Example | Topics and Well Written Essays - 1000 words

The Importance of My Values - Essay Example Moral values help maintain harmony and unity and are communally shared. These values are picked up in the course of growing up and personal perception is an important factor in their development. One of my moral values is courage and this helps me to do things even when the incumbent circumstances are unpleasant. Self-control is a moral value the helps me to take charge of my actions, emotions and thoughts. Integrity is another one of my moral values and this helps me to be convinced of the truth and to stand, courageously, by it without giving in to unnecessary pressure (Doty, 2006). Non-moral values are principles of behavior that do not apply morals. These values have to do with intentions and desires that are largely independent of moral obligation. However, these values are also moral and decisions that are made based on them can have moral consequences. One of my non-moral values is winning and I like it when I confront challenges and surmount them. Reputation is another non-moral value that I cherish and it pleases me when I meet renowned people and I aspire to be like them. Appreciation is an integral non-moral value in me and I take pleasure in acknowledging other people when they do something good and when other people compliment me. The non-moral value of money makes me endeavor to earn enough money to support others who may depend on me and me (Keech, 2000). Social values are beliefs and qualities that are shared within a group of people or a given culture. A society’s approval of a given quality or belief is what constitutes a social value even though other societies might disapprove that quality or belief. Social values shape the preferences and priorities of the members of a society and provide the criteria for determining the acceptability of a behavior in a group. The social value of moderation helps me to remain within acceptable limits of the things I do. Generosity is a social value that helps me to extend

Social Media Recovery for Costa Crociere Term Paper

Social Media Recovery for Costa Crociere - Term Paper Example Costa Crociere SpA generally operates their business trading functions as Costa Cruises. The initial foundation of the company was in the year 1854. It has its headquarters located in Genoa, Italy. The company performs its business operations throughout the world that include Northern Europe, Caribbean, South America and Dubai among other regions (Costa Crociere SpA, 2012). As a matter of fact, in the year 2010, Costa Crociere SpA proved itself as one of the companies that successfully reached up to the benchmark of Italian services and tourism especially for its reputation and reliability in the international research that is popularly known as â€Å"Global Reputation Pulse†. Furthermore, in the year 2011, Costa Crociere SpA emerged in the ranking of Mediobanca that carried out assessment of 3,700 Italian enterprises which ultimately made the company to reach a turnover of approximately 50 million Euros during that year. In this connection, the company or the group was ranked amid the top 10 companies in terms of profitability and productivity and also in terms of turnover (Costa Crociere SpA, 2012). Costa Cruise has been accredited with an incorporated arrangement of voluntary certification of conformity along with highest international benchmark towards the aspect of safety, quality, environment and social accountability. Costa Crociere is fundamentally denoted as an international company holding its several offices in different regions such as Paris, Barcelona, Madrid, Zurich, Brussels and Lisbon among others. The company employs more than 19,000 working people throughout its organisation and is organised into a flexible arrangement of various human resource functions (Costa Crociere SpA, 2012). The prime vision of Costa Crociere is to serve better as well as with enhanced services to their worldwide customers with special regards to behaviour. The aspect of consumer satisfaction is the principal motive and also the mission of Costa Crociere. In terms of business operations, since the year 1997, especially Air France and Costa Cruises are the partners, sharing the similar visi on or objective of delivering superior and enhanced services to their worldwide guests or customers along with maximising customer satisfaction (Costa Crociere SpA, 2012). In this connection, one of the partners of Costa Crociere i.e. Air France is an airline which operates in an international network and also performs its business operations in 182 cities in 98 countries. Air France offers more than 1,700 flights which generally covers numerous destinations throughout the world. The hub of Air France is recognised as one of the most efficient hubs in the entire Europe. Along with Costa Crociere, the main priority of Air France is to ensure ultimate customer satisfaction (Costa Crociere SpA, 2012). In the paper, a detailed analysis regarding the accident that Costa Crociere had faced along with certain weaknesses as well as threats that they faced due to the accident will be depicted. Various aspects that include preparation of a social marketing plan on behalf of Costa Crociere in terms of strategy, tactics, action, implementation and control will also be portrayed in the discussion. A Brief Situation Analysis of Costa Crociere

Why is mental illness a stigmatizing experience Essay

Why is mental illness a stigmatizing experience - Essay Example It resulted in a fact that they started lacking in the different aspects of life i.e. in self esteem, confidence, attaining proper medical guidance etc. "The vast majority of Americans report receiving information about mental illness from the mass media (Wahl, 1992). In our society, these images are typically inaccurate and overwhelmingly negative, characterizing people with mental illnesses as violent, dangerous, unpredictable, incompetent, and unlikable" (Alexander and Link, 2003) Form the recent year's stigma have been associated with the metal-illness and more research should have to be done to clearly understand the situations and conditions that leads towards stigmatization behavior. The people experiencing stigma are in very worse condition they mostly face difficulty in surviving with the disease and as well with the labeling and stereotyping which other people use to mark them with. (Patrick et al, 2005) "As a result of both, people with mental illness are robbed of the opportunities that define a quality life: good jobs, safe housing, satisfactory health care, and affiliation with a diverse group of people." (Patrick and Watson, 2002) A narrow research took place to consider the conditions that contributes in the stigma of mental-illness. ... 1. Physical Appearance: Goffman uses the word of "abominations" of the body" that means that the person is loathing, disgust and can be a cause of nausea. The Appearance of the person is not normal and there is some kind of malformation in the body. 2. Racism: Stigma effects diversely on people of different sex, from different cultures, diverse religion and dissimilar traditions. 3. Flaw of Appearance: It includes that the person is mentally turmoil that makes him imperfect and defected. Goffman label them as "blemishes of individual character," Three-dimensional axis is portrayed to understand the stigma based on the study of interpersonal skills and relation within the surroundings. Perception, identity and reaction are included in three-dimensional axis. (Arboleda-Flrez, 2003) "A central aspect of stigma for people with mental illnesses is the perception that they are dangerous and unpredictable" (Alexander and Link, 2003) How Stigma Is Attested Stigma attested by the attitudes of the people in the surroundings. Some of the visible characteristics clearly states that those people are stigmatized like embarrassment, frightening, bias, angriness, and stereotyping. The people that experience stigmatization, their lives become so difficult to be survive. As well as their families faces difficulties and problems to cope with them. Scheffer quoted "Stigma leads others to avoid living, socializing or working with, renting to, or employing people with mental disorders, especially severe disorders such as schizophrenia" (Scheffer, 2003) Attesting Measures of Stigma The measure that takes to attest the stigma is: 1. People avoid seeking for the treatment when they are stigmatized. They find it shameful to

Patient Care Plan Assignment Example | Topics and Well Written Essays - 3750 words

Patient Care Plan - Assignment Example Bumper migration to subcutaneous tissue was found to be one of the most common complications reported after PEG placement (Marks & Dunkin, 2013). Approximately 70% of 97 patients who have percutaneous endoscopic gastronomy (PEG) placement have hospital revisits with complications (Naik, Joshipura, Patel, Haribhakti, 2008). The purpose of this study is to explore the nursing treatment and management of a patient who has been diagnosed with the buried bumper syndrome in a clinical setting (Ramdass & Mann, 2013). It discusses the role of RN in managing the different needs of human beings as a consumer of health care in a patient-centered environment. The paper will base its in-depth exploration on previous healthcare literature and evidence from previous related cases. Currently, the patient has obesity, hypoventilation syndrome as well as obstructive sleep apnea. The woman has obstructive sleep apnea which is characterized by obesity. On 14th October 2014, the patient’s condition was critical because she had a respiratory failure that was requiring endotracheal intubation. Patient’s history revealed that the PEG tube was inserted. The placement of endotracheal tube was delayed leading to a bradycardia asystolic arrest. The respiratory failure that the patient experienced on 14th October 2014 required intubation. However, the CT scan shows signs indicating that the endotracheal tube was not correctly placed. This placement may be one of the causes of hospital revisits. The CT scan revealed a bumper migration to subcutaneous tissue. CT scan also showed purulent discharge at the site of PEG. No edema was found; the patient was alert and oriented. Although hospital policies and current nursing texts do not offer adequate recommendations for care of the patient with PEG tube (Simons & Remington, 2013), it is important not to neglect this area. It is important that care providers are aware of the complications that