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Consumer guarantees lessons to be learnt from afar


Griggs, LD and Freilich, A and Messel, N, Consumer guarantees - lessons to be learnt from afar, Australian Journal of Competition and Consumer Law, 23 pp. 36-44. ISSN 1838-9260 (2015) [Refereed Article]

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The remedies available to the consumer under the consumer guarantees regime of the Australian Consumer Law depend largely on whether the defects of the goods are major or minor. Suppliers and consumers will undoubtedly differ in their views on this.The authors argue that these recent changes, while intended to be beneficial, have possibly reduced consumer protection, or at the very least increased consumer confusion. To overcome this, a simple amendment to the current provisions is suggested, the idea borrowed from the consumer protection laws of Saskatchewan, Canada. This idea is that the legislation include a provision that costs should not be imposed on a consumer who sues to enforce a consumer guarantee, unless the court rules that the litigation was vexatious or frivolous. An alternative to this, or perhaps a complement to it, is to follow the lessons of Europe where it is the consumer who controls the direction remedial relief should take.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Property law (excl. intellectual property law)
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, LD (Mr Lynden Griggs)
ID Code:99443
Year Published:2015
Deposited By:Faculty of Law
Deposited On:2015-03-24
Last Modified:2016-10-03

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