There have been some significant changes to consumer in law in Australia in the last three years. One significant change was to introduce the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth). In particular was the introduction of s 18 of the ACL and its application to misleading contracts and further to misleading conduct by individuals.
You are to write an assignment on the topic of s 18 of the ACL. In your assignment you are to address the following:
� What is the application of the ACL in Australia? How was the introduction of new legislation important for the whole of Australia? Is the legislation state or Commonwealth legislation?
� How is the legislation different to what existed previously, eg in relation to companies and natural persons, and its application on various transactions?
� What kind of behaviour can be considered to be misleading, eg if you say nothing? Or what if you believed something which turned out not to be true?
� What are the limitations of s 18 under the ACL, and indeed the ACL itself? Are all transactions between individuals covered by this legislation?
� Does state law still apply? If so how?
� Does the common law still apply to consumer transactions? If so how?
� What are the remedies for breach of s 18 of the ACL?
� Is there anything else that you believe is relevant to this topic?
NOTES FOR STUDENTS
1. This is a Research assignment � students should not expect this material to be covered in class before the Due Date of the assignment. Students should accordingly commence their own research into the assignment topic Students must use texts, scholarly articles and reputable online resources for their research, and these items, together with relevant cases and legislation, should be referred to in the assignment.
2. The assignment must be of 2,000 to 2,500 words in length.
3. The assignment must be typed or printed on one side only of A4 paper with 1.5 or double spacing and leaving a left-hand margin wide enough for examiners� comments and corrections.
4. The completed assignment must be submitted with an �Assignment Cover Sheet� available from School of Law and Faculty of Business and Law Offices and duly completed in all respects, including Tutor�s name and time and day of tutorial.
5. The assignment must include footnotes, a bibliography and may include a synopsis.
6. Students are advised to study the notes on assignment preparation and the notes on plagiarism contained in the Business Law Students Manual.
7. Assignments will be marked out of a possible 25 marks.
8. Assignments submitted after the due date will incur a penalty for late submission of one mark for each day the assignment is overdue, unless an extension of time has been obtained from the subject lecturer or tutor prior to the due date. Any application for extension of time must be lodged on the appropriate form obtainable from the Faculty office and must be accompanied by any supporting evidence of the facts upon which the application is based.
9. The completed assignment must be lodged with your tutor at your scheduled tutorial during Week 8 of semester.
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