Australian Consumer Protection Legislation
"Governments have passed consumer protection legislation because they believe that the common law of contracts cannot adequately protect the consumer in today's complex market place." Both the Commonwealth and Queensland State governments have legislated to provide greater protection to consumers in contractual situations that would otherwise not be provided by common law. Examples of the government introducing legislation as a means of providing greater protection to consumers than common law are: The Trade and Practices …
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…to damages. The Sale of Goods Act 1895(Qld) confers on the buyer the right to claim damages for undelivered goods (sec52 SGA) or seek performance of the contract terms(sec 53 SGA), while similarly conferring the right for a seller to sue for recover of the contract price (sec 50 SGA)and allow to sue for damages in circumstance where a buyer does not accept delivery of goods which are the subject of a contract (sec 51 SGA).
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