BLO 3405 Lecture Notes - Lecture 8: Consumer Credit Protection Act Of 1968, Australian Consumer Law, Consumer Protection
31 Jul 2021
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Essential that payment would not have been made but for the mistake, that is, the mistake caused the payment: must be the payer"s mistake (including an agent) The payer need not be negligent: voluntary payments cannot be recovered, payment under mistake, defences, goff j in barclay"s bank ltd v wj simms (1980) summarised the action and defences: (p338) In march 2010, the first part of the australian consumer law ( acl") was passed ( under amendments to the asic act 2001 and the australian competition and consumer act 2010). The acl introduced a single, national consumer law that included new provisions relating to unfair contract terms from 1 july 2010: parallel regulatory responsibilities, regulation of financial service providers. Financial ombudsman service: consumer protection, 1. unfair contract terms, pt 2-3 of the australian consumer law voids certain unfair terms" of a standard form consumer contract.
