Consumer guarantees – lessons to be learnt from afar
journal contribution
posted on 2023-05-18, 08:49authored byLynden Griggs, Freilich, A, Messel, N
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.
History
Publication title
Australian Journal of Competition and Consumer Law
Volume
23
Pagination
36-44
ISSN
1838-9260
Department/School
Faculty of Law
Publisher
Lawbook Co.
Place of publication
Australia
Rights statement
Copyright 2015 Thomson Reuters (Professional) Australia Limited