... compliance and non-‐compliance within consumer law. Unjust contracts – common law and statutory clauses A contract is an agreement involving two or more parties in which legal obligations are created that are legally enforceable. It does not have to be in writing but some form to be in order to have legal recognition. Moreover, contracts have a significance role is promoting compliance and restricting non compliance. Thus both common law and statue protection exists to improve protection against. unjust contracts. Common has evolved signfianctly and two of it’s more fundamental aspects in promoting just contracts include Duress and unconscionable dealing. Duress – actual or threatened violence if they do not sign. CASE LAW – Barton v Armstrong (1975), whereby Barton was forced to sell shares, however was overturned at Privy Council. Moreover, creating precedent of duress as a clause to make a contract invalid. Furthermore, unconscionable dealings are also banned under CASE LAW - Commercial Bank of Australia Ltd v. Amadio (1983). Whereby, defining it as “Unconscientious use of a superior position or bargaining power to the detriment of a party who suffers from a special disability”. While the common law provides mechanisms for remedying injustice, they were fairly limited and were often difficult to prove in court. Additionally, Statutory protection for consumers has increased considerably over recent years....
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...QUESTION 1 Jean and her mother have formed an agreement which must meet the six prerequisites for a valid contract before we can determine if Jean can claim a breach of contract. (1. p291) From the information provided, I do not believe that there is a valid contract or that Jean can claim breach of contract. For a contract to be formed, it must meet all of the six prerequisites for a valid contract. The first requirement is ‘Intention to create legal relations’. As noted by Latimer, agreements between parents and children “do not usually give rise to contracts”. (1. p353, ¶5-520) For legal relations to be established, we would need to undertake an objective assessment regarding the agreement. If there is a precedent of Jean’s mother offering and paying money to Jean for completing work around the house or if Jean works in her own business as a Domestic Engineer, then this may be taken into consideration when determining the intentions of both parties. A reasonable person may accept that parents and children make exaggerated statements when trying to achieve a desired outcome – for example, a child may offer a parent $1M if they take them to the circus. Was the statement by Jean’s mother mere puffery? If it was determined that there was an intention to create legal relations, we would then need to ascertain if the remaining requirements have been met. The second is Agreement. There is clearly an agreement as there has been an offer and the offer was accepted. ...
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...and Ethics The Australian Consumer Law Act (Cth) Table Of Contents Page 3 - Topic & Introduction Page 4 - The Old Consumer Law System Page 5 – The New Consumer Law System Page 6 – Comparing the two Systems &The Empowerment of Consumers Page 7 – The Empowerment of Consumers cont’ & Guidance for the both the Consumer and Traders and Legal Practitioners Page 8 - Guidance for the both the Consumer and Traders and Legal Practitioners cont’ Page 9 – The Constitutional Problems & Conclusion Page 10 – Bibliography Topic To compare and evaluate the new and the old. Make comparisons and conclusions regarding changes made and what these changes will mean to both the consumer and business alike. The Australian Consumer Law Act (Cth) came into force in January 2011. Commentators have claimed that the Act will have significant impact on the rights of Australian consumers. The reality is that it will have very little positive impact on the rights of Australian consumers, for much the same reason that the previous consumer regime was largely ineffective.” “Discuss this statement. Introduction The purpose of this paper intends to explain the main differences between the old and the new Australian Consumer Law Act. There have been some major changes and some minor tweaks. There has also been a lot of debate as to whether there was any need for the changes and how exactly these changes implemented will be advantageous to the consumer. The cost of...
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...conduct. This lead to the need for law reform. Consumer laws objective was to remedy the imbalance between manufacturer and consumer and reflect the moral and ethical standards of society. The following essay will evaluate the effectiveness of the legal responses which protect consumers with regards to occupational licensing, implied terms, marketing and advertising, exclusion causes, and unfair contracts. A contract is a legally binding agreement. Every consumer transaction is a contract. A contract for goods and services is the main consumer contract; it involves one party (the supplier) supplying goods or a service to another party (consumer) in exchange for money. Contracts are governed under the Trade Practices Amendment (Australian Consumer Law) Act 2010 (Cwlth). The terms of a contract include express terms and implied terms. Implied terms are terms which apply automatically to any contract and don’t have to be stated within the contract. Implied terms include the requirement that the goods supplied: are of acceptable quality, are fit for the purpose of their use, and correspond to any sample shown by the supplier. Implied terms are effective as they can’t be removed and protect an individual and therefore protect society as a whole. However, in rare cases they can be ineffective as they can be hard to identify. The effectiveness of implied terms is shown in “Submission by CHOICE to the Inquiry into unfair terms in consumer contracts” (Choice, 2010) Exclusion causes...
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...she agreed to the terms and conditions of the buyer and sends him (seller) a cheque of $15,000 dollar by September 10, 5 p.m. This contract comes under the Australian Consumer Law which states that consumer has the right to replace, repair or refund on product and services and they are entitled to get guarantee if goods are purchase not to be re-sold. Every single contract has some terms and conditions that the parties are indulged to follow and monitor, for instance, when the buyer pays the money, the seller is indebted to deliver the right product. A term that is described with consumer contracts, it may be such that it is protected by a consumer guarantee. It is important to take into account both express and consumer guarantees when disagreements about consumer contracts arise. If you buy any good or services from a supplier, whatever the supplier claims and make promise about the product and services must be accurate and honest. If the good or services are not what it is portrayed to be, you may exercise your consumer rights under consumer guarantee and can launch a complaint to Australian Competition and Consumer Commission (ACCC) or customer protection organization (agency) for misleading and creating a false (untrue) impression on the minds (thoughts) of the buyer. Australian Consumer Law (ACL) protects consumers contrary to the making of false or misleading...
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...In November 1997, the Hon. Warren Truss MP, the then Minister for Customs and Consumer Affairs, announced that the Commonwealth government would move to address industry and consumer uncertainty over origin labeling claims. The minister said: Due to recent court decisions, considerable confusion has been created in the minds of the industry and consumers alike, undermining both the value of origin claims in the marketplace. The government is acting to address this uncertainty, and set rules that the industry can follow and consumers can understand. Consequently legislation was established by the Commonwealth Parliament to make the legal standing of corporations that make representations regarding the country of origin of goods they supply clearer. The Australian Competition and Consumer Commission (ACCC) regulates the Country of origin claims under the Australian Consumer Law (ACL) that sets regulations for claims such as ‘product of’ and ‘made in’. The ACL replaces previous Commonwealth, state and territory consumer protection legislation in fair-trading acts. The Australian Consumer Law contains provisions of relevance to country of origin claims made by businesses. (Refer to Appendix A) Sections 151(1)(a), 151(1)(k) and 155, are offence provisions and make conduct outlined in ss. 29(1)(a), 29(1)(k) and 33 respectively, offences. Section 29(1)(a) and 151(1)(a), are relevant because a representation as to the country of origin of goods is a representation of...
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...QUESTION 1 a) Having the license for APRA (Australian Prudential Regulation Authority), Victoria bank is an authorised deposit taking institution (ADI). Been a part of APRA, which is needed to operate as a bank legally in Australia, it gives Victoria Bank the licence to undertake ‘business of banking’ which is defined in the Banking Act 1959. This shows that Victoria bank has fulfilled the ADI application requirements including sufficient start-up capital, ownership, sufficient risk management and internal control system, information and accounting system, and fulfilment developments. Addition to APRA, according to corporation act 2001, Victoria Bank also needs to have an AFSL, Australian Financial Service License off ASIC. This license will give the bank the authority to provide different financial services, “provide financial product advice to clients”, “deal in a financial product”, “make a market for a financial product”, “operate a registered scheme”, “provide a custodial or depository service”, and to “provide traditional trustee company services.”. Having fulfilled APRA & AFSL, Victoria bank has accepted the laws controlled by a number of guiding bodies. On top of APRA and AFSL there is the Australian Consumer and competition commission (ACCC), and the Reserve Bank of Australia (RBA). APRA will keep a close eye on the operations that Victoria Bank exercises, to make sure they keep financial promises to their customers and continue been financially established...
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...1st Edition Student Workbook BSBCUS501C Manage quality customer service 1st Edition 2011 Part of a suite of support materials for the BSB07 Business Services Training Package Copyright and Trade Mark Statement © 2011 Innovation and Business Industry Skills Council Ltd All rights reserved. Apart from any use permitted under the Copyright Act 1968, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, or otherwise, without written permission from the publisher, Innovation and Business Industry Skills Council Ltd (‘IBSA’). Use of this work for purposes other than those indicated above, requires the prior written permission of IBSA. Requests should be addressed to Product Development Manager, IBSA, Level 11, 176 Wellington Pde, East Melbourne VIC 3002 or email sales@ibsa.org.au. ‘Innovation and Business Skills Australia’, ‘IBSA’ and the IBSA logo are trade marks of IBSA. Disclaimer Care has been taken in the preparation of the material in this document, but, to the extent permitted by law, IBSA and the original developer do not warrant that any licensing or registration requirements specified in this document are either complete or up-to-date for your State or Territory or that the information contained in this document is error-free or fit for any particular purpose. To the extent permitted by law, IBSA and the original developer do not accept any liability...
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...( ) Student Workbook BSBCUS501C Manage quality customer service 1st Edition 2011 Part of a suite of support materials for the 8S807 Business Services Training Package -_._-_._ . Copyright and Trade Mark Statement @ 20i1lnnovation and Business Industry Skills Council Ltd All rights reserved. Apart from any use permitted under the Copyright Act 1968, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, In any form or by any means, electronic, mechanical, photocopying, or otherwise, without written permission from the publisher, Innovation and Business Industry Skills Council Ltd ('IBSA'). Use of this work for purposes other than those Indicated above, requires the prior written permission of IBSA. Requests should be addressed to Product Development Manager, IBSA, Level 11, 176 Wellington Pde, East Melbourne VIC 3002 or email sa/es@lbsa.org.au. 'Innovation and Business Skills Australia', 'IBSA' and the IBSA logo are trade marks of IBSA. Disclaimer - Care has been taken in the preparation of the material In this document. 'but; to the extent permitted by_law, IBSA and the original developer do not warrant that any IIcerislng or registration requirements specified in this- document are either complete or up-to-date for your State or Territory or that the information contained in this docum-ent is error-free or fit for any particular purpose. To the extent...
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...Executive Summary Feltex Carpets Ltd. is the largest Australian carpet manufacturer. The company has experiences in internationalization in countries such as USA, Japan, Southeast Asia and New Zealand. However, the company is interested in expanding their market power to new destinations, to improve their multinational strategy and to be well-known worldwide. The countries of potential choice are Mexico and Chile. The analysis has been done by comparing the overall information and in-details of each indicator. From evaluation of indicators of both countries, such as economic, social, legal and infrastructure, the analysis has shown that the economy of both countries are quite similar. However, the infrastructure, technological and legal environment seem to be better in Chile. As the Chilean government support the foreign investment in textile sector by promoting the education, technological development and the special policy especially for textile. For instance, tax reduction and promoting education in labour forces. Thus, Chilean labour forces would have the better off in comparison with Mexican labour forces. Another highlighted indicator in the country comparison - which the recommendation has inclined - is infrastructures. Both countries have the similar relative figures in number of infrastructure such as roadway, waterway and airports. But the infrastructure of electricity and internet/telephone networks seems to be at a higher level in Chile. The analysis of relevant...
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...Doing Business in Thailand: 2012 Country Commercial Guide for U.S. Companies INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICE AND U.S. DEPARTMENT OF STATE, 2010. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES. • • • • • • • • • • Chapter 1: Doing Business In Thailand Chapter 2: Political and Economic Environment Chapter 3: Selling U.S. Products and Services Chapter 4: Leading Sectors for U.S. Export and Investment Chapter 5: Trade Regulations, Customs and Standards Chapter 6: Investment Climate Chapter 7: Trade and Project Financing Chapter 8: Business Travel Chapter 9: Contacts, Market Research and Trade Events Chapter 10: Guide to Our Services 1 Return to table of contents Chapter 1: Doing Business In Thailand • • • • Market Overview Market Challenges Market Opportunities Market Entry Strategy Market Overview • Return to top Thailand is the 27th largest export destination for the United States. Two-way trade in 2011 was about $35.75 billion, with $24.8 billion in Thai exports to the U.S. and $10.9 billion in U.S. exports to Thailand. The figures represent an increase of 12.9 percent in the value of trade between the two countries. U.S. exports to Thailand increased by 21.7 percent, while US imports from Thailand increased by about 9.4 percent for the same period in 2010. In Asia, Thailand ranks as the United States’ 10th largest export destination after China, Japan, South Korea, Hong Kong, Taiwan, India, Hong Kong, Singapore and Malaysia. The Thai...
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...PEPSI COLA [pic] Introduction: Pepsi Cola started in the January 1898, from a small Drug store in the city of North Carolina. The owner of the Drug store, Mr. Caleb Bradham, prepared a drink, which the customers called "the Bred Drink". Bred registered this drink with the name of Pepsi Cola in 1903. Then he started his own production at Marco level and established his own company. The business expanded and this drink got fame time. In 1909 this company reached to 24 states of America with more than 250 dealers. The very first packing of Pepsi was in 16.5 ounce. In 1932 Pepsi cola has introduced its new packing in 12 ounce. In 1950 Pepsi Cola has started its new Advertising Campaign with the name of "Refresh without Filling". It also changed the chemical formula and decreased its sweetness and calories. With the efforts of the Sales & Marketing Department, Pepsi got so much fame that it established new plants at a rate of thirty per annum. In 1985 the design of the bottle has been changed after 20 years. And a new and attractive packaging has been offered with two new flavor i.e., Teem & Mirinda. Today Pepsi is available in more than 160 countries of the world including Soviet Union & China. HISTORY OF PEPSI COLA: 2001 Pepsi puts "a little twist on a great thing," introducing lemon-flavored Pepsi Twist and Diet Pepsi Twist. The product launch marks the return to lemon-flavored...
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...GMO MYTHS AND TRUTHS An evidence-based examination of the claims made for the safety and efficacy of genetically modified crops Michael Antoniou Claire Robinson John Fagan June 2012 GMO Myths and Truths An evidence-based examination of the claims made for the safety and efficacy of genetically modified crops Version 1.3 by Michael Antoniou Claire Robinson John Fagan © Earth Open Source www.earthopensource.org 2nd Floor 145–157, St John Street, London EC1V 4PY, United Kingdom Contact email: claire.robinson@earthopensource.org June 2012 Disclaimer The views and opinions expressed in this paper, or otherwise published by EOS, are those of the authors and do not represent the official policy, position, or views of other organizations, universities, companies, or corporations that the authors may be affiliated with. GMO Myths and Truths 2 About the authors Michael Antoniou, PhD is reader in molecular genetics and head, Gene Expression and Therapy Group, King’s Cols: lege London School of Medicine, London, UK. He has 28 years’ experience in the use of genetic engineering technology investigating gene organisation and control, with over 40 peer reviewed publications of original work, and holds inventor status on a number of gene expression biotechnology patents. Dr Antoniou has a large network of collaborators in industry and academia who are making use of his discoveries in gene control mechanisms for the production of research, diagnostic and therapeutic products...
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...Management of Information Security Third Edition This page intentionally left blank Management of Information Security Third Edition Michael Whitman, Ph.D., CISM, CISSP Herbert Mattord, M.B.A., CISM, CISSP Kennesaw State University ———————————————————————— Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Management of Information Security, Third Edition Michael E. Whitman and Herbert J. Mattord Vice President, Career and Professional Editorial: Dave Garza Executive Editor: Stephen Helba Managing Editor: Marah Bellegarde Product Manager: Natalie Pashoukos Developmental Editor: Lynne Raughley Editorial Assistant: Meghan Orvis Vice President, Career and Professional Marketing: Jennifer McAvey Marketing Director: Deborah S. Yarnell Senior Marketing Manager: Erin Coffin Marketing Coordinator: Shanna Gibbs Production Director: Carolyn Miller Production Manager: Andrew Crouth Senior Content Project Manager: Andrea Majot Senior Art Director: Jack Pendleton Cover illustration: Image copyright 2009. Used under license from Shutterstock.com Production Technology Analyst: Tom Stover © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information...
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...Bloodlines of Illuminati by: Fritz Springmeier, 1995 Introduction: I am pleased & honored to present this book to those in the world who love the truth. This is a book for lovers of the Truth. This is a book for those who are already familiar with my past writings. An Illuminati Grand Master once said that the world is a stage and we are all actors. Of course this was not an original thought, but it certainly is a way of describing the Illuminati view of how the world works. The people of the world are an audience to which the Illuminati entertain with propaganda. Just one of the thousands of recent examples of this type of acting done for the public was President Bill Clinton’s 1995 State of the Union address. The speech was designed to push all of the warm fuzzy buttons of his listening audience that he could. All the green lights for acceptance were systematically pushed by the President’s speech with the help of a controlled congressional audience. The truth on the other hand doesn’t always tickle the ear and warm the ego of its listeners. The light of truth in this book will be too bright for some people who will want to return to the safe comfort of their darkness. I am not a conspiracy theorist. I deal with real facts, not theory. Some of the people I write about, I have met. Some of the people I expose are alive and very dangerous. The darkness has never liked the light. Yet, many of the secrets of the Illuminati are locked up tightly simply because secrecy is a way...
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