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

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.