LSC Logo

INTRODUCTION

This topic will help consumer, that is the buyers and users of goods and services, to understand their rights and the legal remedies available to them when problems arise. The first section explains the principles of the law of contract, which underlie the sale and supply of goods and services. The second section explains the protection given by statute to consumers when they enter into transactions such as when buying either privately, from a store or door to door sales. It also discusses unfair selling practices. Sections then follow on borrowing money, mortgage, lease and in dealings with credit providers who provide finance in the course of their business.

While the law is there to help and to protect when problems arise, it is better to anticipate a problem and take steps to avoid it. For most people, buying a home or a car is a large commitment. The cost of having the home or car inspected by a building engineer or a mechanic is a small and worthwhile cost compared with the cost of repairing defects not discovered until after the contract is signed or the money is paid. Most protection given by statute does not apply to private sales. Where the common law applies it warns buyers to 'beware' before signing or parting with money. It is also important not to sign documents before having them checked and explained by a competent person. Once a document is signed, it is presumed that it is legally binding.

Consumer problems that do arise are usually best resolved by direct negotiation with the other party. If this fails, the Office of Consumer and Business Affairs or the Australian Competition and Consumer Commission can sometimes help. If this also fails the Minor Civil Claims jurisdiction of the Magistrates Court (see Minor Civil Claims) may provide a remedy. Procedures and forms are simplified to allow people to make claims without needing a lawyer. In some cases it might be necessary to have a lawyer take the matter to court, but for many consumer problems the cost and risk of doing this can far outweigh the possible benefits.

INTRODUCTION  :  Last Revised: Tue Mar 5th 2002




Copyright ©2009 Government of South Australia - All Rights Reserved