Australian Consumer Law Issues - Assignment Example

Download file to see previous pages Concerning the scenario, this work claims that there is evidence to establish a breach of consumer guarantees since the service provided to the SUV by the dealer did not comply with the standards provided under ACL. In addition, this essay will argue that unfair terms in consumer contracts are void. As such, the dealer cannot rely on the exemption clause under the provisions of the unfair terms laws. This essay concludes that Adam can successfully claim damages for breach of consumer guarantees and breach of contract under the provisions of the unfair terms laws.

The term consumer is defined in Section 3 of the ACL, as an individual who acquires goods or services, whose value is less than $40,000. Moreover, a person is a consumer, when he acquires goods or services that are priced above $40,000; whenever, these can be categorized as goods or services that are usually obtained for domestic, personal, or household use or consumption. Furthermore, the term consumer includes a person who obtains a vehicle for transporting goods on public roads, regardless of the price of the vehicle (Australian Government, 2010). Adam can be considered a consumer, since he acquired services for his SUV, for his requirement.

As such, a business that provides services has to ensure that these services are delivered with the due care and skill required for the specified purpose. Moreover, such service has to be provided within a reasonable time. It is the usual feature of contracts or agreements related to the supply of services to specify when the services will be provided, as well as the date of completion of such services. In the absence of a specific date, the supplier has to guarantee that the service will be supplied within a reasonable time. The nature of the service and other pertinent factors determine the reasonable time (Australian Competition & Consumer Commission, 2015).

In addition, Section 60 of the ACL relates to a guarantee regarding due care and skill on the part of the supplier or service provider, at the time of providing goods or services. This was reiterated in the ruling in Kovacevic v Holland Park Holdings P/L. Furthermore, Section 61 enjoins that the services provided should be suitable for the disclosed purpose. Moreover, Section 62 stipulates that services have to be supplied within a reasonable time (Lo & Kermond, 2014). ...Download file to see next pages Read More