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The Trade Practise Act - Online Term Paper

The Trade Practise Act

Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted.
With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer.
The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies ...

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describing the product, and when the buyer receives the product, it does not match the description.

- “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose”

This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor.

- “A Promise that goods are of merchantable quality”

According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the ...

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The Trade Practise Act. (2008, February 2). Retrieved May 5, 2024, from http://www.essayworld.com/essays/The-Trade-Practise-Act/78429

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PAPER DETAILS

Added: 2/2/2008 09:01:46 PM
Category: Economics
Type: Premium Paper
Words: 1164
Pages: 5

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