Tải bản đầy đủ - 0 (trang)
Manufacturer’s and importer’s liability—ACL Part 5.4 Div 2

Manufacturer’s and importer’s liability—ACL Part 5.4 Div 2

Tải bản đầy đủ - 0trang

Manufacturer’s liability (cont.)

• Section 58: consumer guarantee that provides a

manufacturer must ensure there is a reasonable

availability of repair facilities and spare parts.

• Section 59: consumer guarantee that provides a

manufacturer is liable to compensate a consumer or

a person who acquires goods from a consumer for

any loss or damage they suffer as result of the

manufacturer's failure to comply with an express

warranty made about the goods.

• Section 138: strict liability is imposed on

manufacturers and importers of defective goods that

cause personal injury or property damage.



Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-31



Defences to manufacturer’s

liability

• The defect in the goods did not exist at the

time the goods left the manufacturer, but

occurred elsewhere in the distribution chain.

• The goods had the defect only because they

complied with a mandatory standard.

• The product is someone else’s component.

• The defect could not have been discovered

at the time of supply because of the state of

existing scientific and technical knowledge.



Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-32



Enforcement and remedies for

breach of the ACL

Civil remedies



• Section 224: civil pecuniary penalties—

maximum of $220 000 for an individual and

$1.1 million for a corporation.





Section 232: injunctions—may be sought by a regulator or an

affected person.







Section 236: damages







Section 243: compensation orders, may include;

– an order for specific performance of a contract

– rescission of a contract

– variation of a contract

– refund of money

– return of property.

Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-33



Enforcement and remedies for

breach of the ACL (cont.)

• Section 239: orders for non-party consumers—if a breach of

the ACL has occurred, a regulator may apply to the court for an

order providing redress to a person not named in the

proceedings but who may have suffered some injury.

Non-punitive orders—Section 246

• Community service orders

• Order to ensure conduct does not occur for a period of time

• Disclosure order

• Order requiring a person to publish an advertisement in terms

specified in the order (e.g. corrective advertising)



Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-34



Enforcement and remedies for

breach of the ACL (cont.)

Disqualification order—Section 248

• Regulator may apply to the court for an order

banning a person from managing a

corporation.

Criminal penalties (except s.18):

• Offence must be proven beyond reasonable

doubt and criminal proceedings must be

brought within three years of the offence.

• Maximum fines which can be imposed are

$220 000 in the case of a natural person and

$1.1 million in the case of a corporation.

Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-35



ACL Sections 207–209: defences

to breaches

• Breach was due to a reasonable mistake

of fact, including reliance on information

given by another person.

• Breach was caused by the fault of

another person that the accused took

reasonable care to avoid.

• Publication of advertisement where the

publisher did not know and had no

reason to suspect the advertisements

were in breach of the ACL.

Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-36



Australian Competition and

Consumer Commission (ACCC)

• Administers ACL

• Investigates and prosecutes breaches of

the ACL

• Hears disputes arising under the ACL

• Conducts research and provides

consumers and traders with information on

their respective rights

• Has powers to obtain evidence, including

documentary evidence

• Has powers to establish and administer

standards relevant to product safety.

Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



2-37



Consumer complaint

ACCC dispute



Settle before

court action



Court action



Copyright â 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-38



Settlement before court

• Pay restitution to consumers who have

been affected by illegal conduct.

• Promise ACCC that steps will be taken to

ensure CCA and ACL are complied with

and future breaches avoided.



Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-39



Court action

• Depends on the following considerations:

– Educative or deterrent effect

– Blatant disregard of law

– Significant public detriment

– Need to test the limits of the CCA or ACL



Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-40



Australian Competition Tribunal

This is the appeal body from the ACCC.



Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd

PPTs to accompany Barron, Fundamentals of Business Law 7Rev



•2-41



Tài liệu bạn tìm kiếm đã sẵn sàng tải về

Manufacturer’s and importer’s liability—ACL Part 5.4 Div 2

Tải bản đầy đủ ngay(0 tr)

×