Consumer law Essay Example | Topics and Well Written Essays - 2500 words

Consumer law - Essay Example As per the law, shoppers have the right to return goods that they find to be faulty or do not match the samples displayed or underperform, which are the basic rights of a consumer. On the other hand, the law protects retailers against policies that the law does not cover such as when a consumer changes their mind after making purchase. 1. Introduction In many nations, there are organs charged with overseeing the compliance of consumer law meaning no universal body that governs this law. For instance the state organ charged with this responsibility is the Australian Competition and Consumer Commission1 while in Germany this responsibility falls on the Minister for Federal Cabinet. In Australia, the ACL or the Australian Consumer Law is a uniform legislative application for protecting consumers, which applies as the practiced law in the Commonwealth of Australia. In addition, goods worth more than $40,000 and were household goods and appliances fell under this protection together with vehicles that were essential in the transportation industry. Some of the other goods that the ACL offered protection included second hand goods sold, hired or leased to consumers through trade or commerce and any goods whose worth was up to $40,000 or a figure that ACL would denote in the future. With this, this essay will delve into Sarah’s case study where she bought a television set and found to be faulty after taking it home. Further, it will highlight on Sarah’s individual rights as a consumer of home appliance as provided for under the Consumer legislation in Australia and Contract law. Further, the essay will highlight Sarah’s rights under the consumer legislation and under the contract law. Focus will also be on the consumer law in Kuwait and their comparison to those of Australia in relation to Sarah’s case and the difference in handling of this case in both countries. 2. Consumer rights under the consumer legislation in Australia As of January 2 011, suppliers and manufacturer’s of products and services had to comply with the Competition and Consumer Act of 2010, which is also the Australian Consumer Law2. The benefit that law brought on consumers were relatively the same as those stated in warranties and conditions that were previously existing in states and territories of Australia. The law was also a follow up on the Trade Practices Act of 1974 that influenced fair-trading of goods and services across the Australian region3. The ACL also spread to cover goods and services received by consumers as gifts as this area emerged as a possible area of infringing on the rights of the consumer. However, goods bought before the enactment of the law in 2011 were eligible to protection under the ACL, but were under the protection of the Traders Practice Act. Goods that are on one off sales such as garage sales and those sold on auctions on behalf owners also do not have protection under the AC law. Additionally, ACL does not cover goods bought for re-supply, those costing more than forty thousand dollars but are normally for business purposes or those that a buyer makes purchase in order to assist in production or manufacture of their goods4. As per the ACL, a consumer has rights against a supplier if the goods on sale do not meet the consumer expectations through minor or major problems. In cases that a problem in a product is minimal,