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The New Consumer Guarantee Law and the Reasons for Replacing the Regime of Statutory Implied Terms in Consumer Transactions

29 Pages Posted: 28 Mar 2012  

Jeannie Marie Paterson

Melbourne Law School

Date Written: March, 27 2012

Abstract

The new Australian Consumer Law (‘ACL’) contained in sch 2 of the Competition and Consumer Act 2010 (Cth) contains many of the consumer protection provisions from the renamed Trade Practices Act 1974 (Cth) (‘TPA’). One new development is the consumer guarantee law (‘CGL’), which replaces the terms implied into contracts for the supply of goods and services to consumers under pt V div 2 of the TPA with a regime of consumer guarantees that apply as statutory rights. The CGL was enacted with the aim of harmonising and clarifying the law providing mandatory standards of quality in the supply of goods and services to consumers. This piece considers the extent to which this important new legislation succeeds in this aim.

Keywords: Australian Consumer Law, consumer protection

JEL Classification: K00, K19, K39

Suggested Citation

Paterson, Jeannie Marie, The New Consumer Guarantee Law and the Reasons for Replacing the Regime of Statutory Implied Terms in Consumer Transactions (March, 27 2012). Melbourne Univeristy Law Review, Vol. 35, No. 1, 2011; U of Melbourne Legal Studies Research Paper No. 568. Available at SSRN: https://ssrn.com/abstract=2030043

Jeannie Marie Paterson (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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