Recommended: Australia consumer law tutorial answer
Australian Competition & Consumer Commission Press Release: 'Ticketek Pty Ltd penalised $2.5 million for misusing its market power' (Release # NR 253/11), 22 December 2011 < http://www.accc.gov.au/media-release/ticketek-pty-ltd-penalised-25-million-for-misusing-its-market-power> 2. Adrian Coorey, 'Ticketek penalised $2.5 million: A reminder that misusing market power is taken seriously' (2012) 27(7)Competition & Consumer Law News 231 3. Elizabeth Stary, 'Misuse of market power and the Ticketek decision' (Mondaq, 14 July 2012) 4. < http://www.mondaq.com/australia/x/186606/Antitrust%20Competition/Misuse%20of%20market%20power%20and%20the%20Ticketek%20decision=> 5.
Plaintiff gave birth to Christa on September 9, 2006 at Spartanburg Regional Medical Center in Spartan burg, South Carolina. Plaintiff was given an unsolicited gift bag containing Nestle Good Start Supreme powdered infant formula at which time when they were discharged from the hospital she solely fed the infant the formula from the gift bag. Three days later the infant contracted meningitis resulting in severe brain damage that will prevent her from ever living independently. Plaintiff commenced instant action against Nestle alleging that the formula was tainted with bacteria causing the meningitis. Nestle moved case to federal court and moved to transfer action to District Of South Carolina.
There are many conditions involved in which can lead to the law being changed. This includes the change of social values, failure of existing law, changing the composition of society, international law as well as introducing new concepts of justice and/ or technology. The Sydney lockout laws were introduced in March 2014 as a part of NSW’s attempt to curb drug and alcohol-powered violence and to overcome the existing law, following a series of deaths in the inner-city nightclub precinct. This falls under the failure of existing law, this means the current law does not work so it needs to be changed. The death of two young men in Kings Cross triggered a mournful and overdue conversation regarding street safety, which lead the lockout laws into
Introduction to Business Law Introduction Now-a-days, people having higher bargaining power are engaging into acts that are unconscionable, in order to attract the consumers and exploit the workers. Such misleading and unconscionable acts of the businessmen, suppliers etc. are made punishable by the Australian contract and consumer laws and also competition laws in order to maintain fairness in the market. Under the contract law, pre-contractual misrepresentations can provide contractual remedies (Fox & Trebilcock, 2013). That is to say that even before a contract is made, if the person making the promise makes a misrepresentation, due to which the other party accepting the promise shall enter into the contract, in such a case the party that
Coca-Cola Co. v. Koke Co. of America, 254 U.S. 143 (1920) U.S. Sup. Ct. Facts: 1886 marked the invention of a caramel-colored soft drink created by John Pemberton. Coca-Cola got its name after two main ingredients, coca leaves and kola nuts. The Coca-Cola Company is suing Koke Company of America from using the word Koke on their products. They believe Koke Company of America is violating trademark infringement and is unfairly making and selling a beverage for which a trademark Coke has used.
With the burden of proof shifted, the ICC became far more powerful as leveraging court cases became more favorable to the commission. The Hepburn Act also extended the ICC’s jurisdiction to private car companies, which gave it greater scope in carrying out regulations to promote fair business practice. By setting a precedent as a regulatory commission and empowerment in the courts, the ICC would likely serve as a model for future regulation of industry in
The following report is based on Scott v Telstra (1995) a disability discrimination case. Geoffrey Scott, a deaf man proclaimed that he was being indirectly discriminated against by his employees Telstra. This case went to hearing in Sydney from 22nd-24th March 1995, court Human Rights and Equal Opportunity Commission, judge was Sir Ronald Wilson (Inquiry Commissioner). This report outlines the case, shows the relevant legislation and explains how it was breached in the circumstances of the case, shows the case outcomes, recommendations of realistic strategies to be taken place and a conclusion. Geoffrey Scott, who is deaf, complained that Telstra indirectly discriminated against him because they did not provide him with a telecommunication
Australia being one of those nations has formed an agency call Australian Law Reform Commission, whose purpose is
The company can face lawsuits in various markets given - different laws and
Anti- trust Laws of United states Antitrust law United States antitrust laws are referred to as competition laws. These laws are enforced by the government to protect consumers from vulturous business practices and ensuring that a clean competition exists in the open market economy. Congress was the first to pass the anti-trust law, the Sherman Act was the first law to be passed in the year 1890 as a comprehensive character of economic liberty which aims to preserve free and unfettered competition as a rule of the trade. In the year 1914 two more additional antitrust laws were passed by the congress: The Federal Trade Commission Act and the Clayton Act. These are the three core federal act which are being in effect today.
Statistics show that today there are over 1.7 billion members of the “consumer class”- half of them being in the developing world (2011, the World Watch Institute). Being part of the consumer class myself, I believe it is crucial to dispense a great deal of money on goods and services to improve the economy here in Canada. Does this mean I’m considered to be a consumer as a result of my views on world consumption? Yes, I fit into the category of a consumer due to the fact that I’m part of the endless cycle of supply and demand. From the moment I leave my house and walk the two minutes to the bus stop I’m already thinking about what I’m going to buy.
Taking responsibility shows that the company respects the customer. The steps in claiming responsibility are, to be aware, to respond responsibly, to be honest, and to be a good role model (Barlow and Moller, 1996, cited by Johnston and Michel,
2.1 ANZ Growth Strategy 6 3 ANZ Approach to International Trade 6 4 Market Entry 7 5 Trade Limitations and Barriers 7 5.1 Foreign Ownership Restrictions 7
According to Varul (2008) the notion of ‘ethical consumerism’ seems to be a contradiction in terms, since market and morality are commonly viewed as stark opposites with morality being sought in the contestation of certain goods’ commodity status and in the blocking of certain exchanges. What is new in the phenomenon of market society, a phenomenon that has been observed over the last 30 years, is the emergence of consumption as a criterion for the quality of life and as a sign of the demand for it. Moreover, society has become in our time a society that governs and evaluates its members, including the ability to consume. Without legislation regulating the market, people’s choices will be
Many organisation argue that they should move away from the ideology of HSE legislation standards because of it’s many regulation(red-tape) affect the way business is done The Rt Hon Michael Fallon et al., 2013). The reason organisation believes in a more “laissez faire” way of doing things, it that is help drives the market into a more competitive form of business in comparison to the “laissez faire” of trade Kelloway and Cooper,