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The consumer with an intellectual disability - Do we respond, if so, how?


Griggs, L, The consumer with an intellectual disability - Do we respond, if so, how?, Competition and Consumer Law Journal, 21 pp. 146-164. ISSN 1039-5598 (2013) [Refereed Article]


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How does a policy of consumer protection assist the person with an intellectual or learning disability? What this article argues is that existing common law and legislative instruments fail to achieve optimal outcomes. What is needed is a mix of common law evolution to encompass a notion that the supplier may, in certain circumstances, be required to take reasonable care when dealing with a consumer when they are in reasonable knowledge of facts that could lead them to query the capacity of the consumer, with this combined with an expansive range of policy instruments outside of the legislative sphere to assist the person who can easily be the subject of exploitation. The recommendations seek to respond in a way that encompasses the contemporary notion that those with an intellectual disability belong in the community and should similarly be encouraged to take risks and be part of the consumerist society.

Item Details

Item Type:Refereed Article
Keywords:consumer intellectual disability
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Griggs, L (Mr Lynden Griggs)
ID Code:87796
Year Published:2013
Deposited By:Law
Deposited On:2013-12-09
Last Modified:2018-08-14
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