Helppp! TPA! (1 Viewer)

[clairegirl]

I need help!!

When is the TPA (Trade Practices Act) applicable??

Only when dealing with corporations??? My eyes just automatically glaze over when it comes to statute law... and i don't get it?

someone please help!

 

[H?]

Doesn't it apply to any transaction between a business and a consumer (non-business customer)?

It would apply to unincorporated businesses like sole traders as well as corporations IIRC.

 

[dritz2003]

taken from: http://www.accc.gov.au/content/index.phtml/itemId/303161

The Trade Practices Act itself applies generally to the business and commercial
activities of:
! most corporations
! sole traders or partnerships whose activities:
! cross state boundaries or
! take place within a territory or
! are conducted by telephone or post, or use radio or television
(Parts IVA and V only)
! the Commonwealth.

However, the reach of Part IV extends to virtually all businesses, including
unincorporated businesses and government trading activities, as a result of state/
territory application laws.

Each state and territory has legislation which substantially mirrors the fair trading
provisions of the Commonwealth legislation. As a result unincorporated traders
which do not operate across state boundaries and which are, for constitutional
reasons, not covered by the Act must nevertheless meet fair trading
requirements.

 

[Supra]

s.52 tpa
conduct - predicitions,promises,inactions,puffs

activity of trade or commerce (pg423)

misleading/deceptive conduct - objective test of whether a reasonable person would be mislead/deceived

s.53 - teh fourteen types of false representations (pg430-431)

s.53c,54,55,55A,56,57,58,60,61,63,64 - prohibition of other unfair practices
-cash price to be stated
-offering gifts or prizes without intention to supply
-etc etc

(pg 435)

 

[clairegirl]

oh okay so basically

corporation to corporation - TPA
corporation to individual - TPA
indivudal to individual in the same state- Fair Trading Act
individual to individual across states/terriortories/overseas - TPA

thanx guys

correct me if im wrong

 

[redruM]

If a corporation is involved, you'd most likely use Corp Act, no?

Because I think (and I'm probably wrong) the Corp Act is more stricter for companies and easier for plaintiffs to lodge a case, especially ASIC.

I don't know. I just made that last bit up. Ignore it. Good luck.

 

[scarecrow_of_oz]

as i understand it (from contracts law) you've got it right (tho not sure about interstate transactions haven't come across it)

TPA - incorporated entities
FTA - mirrored provisions for personal/unincorporated transactions - doesn't get more complicated than that as i understand it though we did just cover it briefly.

if u search the net for contracts notes/business notes it should produce some summaries