LIABILITY CLAIMS FOR LOSS OR DAMAGE UNDER ACL

 

The liability claims for loss or damage under ACL is regulated by the statute and the common law in Australia. The consumer seeks for compensation of the loss or damages caused by the supplier when he supplies goods or services which are not standard.   The product liability mostly involves the allegations of both the breach of the Australia consumer law (ACL) and negligence.  Strict liability is available under Australia consumer law, such that a manufacturer is liable if he supplies goods to trade or commerce, if the goods have a safety defect and because of that defect the consumer has suffered a damage or loss.  According to Australia consumer law, product liability proceedings can be litigated at any level. Proceedings are commenced by filling using appropriate court form of the originating process.  The Australia consumer law provides a set of statutory standards, where the breach will cause the manufacturer to be liable for the damages or losses caused. The manufacturer of goods which breach the provisions of the Australia consumer law may face the enforcement action and penalties.  The manufacturer may also be liable under the provisions including tort, under the contract law of the supply of goods in the breach of express and under the state fair trading laws. Both the statute and the general law implies the guarantees as to the quality of goods and services.  Australia consumer law also contains part of guarantees that relate to goods and services, they include the good title, fitness for purpose, and their supply of goods including their description and model. The Australia consumer law imposes obligations on the manufacturer and sometimes in the supplier of goods or services. There are defenses to action in Australia consumer law but they have a limited application and cannot be relied upon.

Order Now