Intitle: Free Commentary Essay Samples Review

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Australian Competition and Consumer Commission

Questions: 1. Explores the nexus between the private law of contracts and the public law of consumer protection. It explores the nexis in two ways: from the consumer viewpoint and from the supplier viewpoint. 2.What was the role of the ACCC (Australian Competition and Consumer Commission) in the case? Answers: Introduction The consumers, as well as suppliers, have the same goal, which is to satisfy their ultimate want and desires. The suppliers aim to produce good quality products so that they can retain their market hold for a longer span of time. The consumers, on the other hand, desire to get the best quality product at the most affordable price. The reason behind this is both the consumers and the suppliers have access to limited resources. Therefore, they both must act in coordination to maximize their gains on the investment they make on the product. A supplier will wither away if he does not make reasonable profits and the consumers will be exploited if they are subjected to pay more on the said product. Therefore, a proper quality-price balance is required so that the interest of the consumers and the suppliers is protected. Apart from these, the law of the land also states certain rules to be observed by the suppliers so that no consumer stands deceived and they must always act in a good faith and must not undergo any unfair trade practice and discharge their duties with due honesty. Discussion The law of the land always emphasizes on the full discloser of the nexus of contract. The suppliers are required to observe honesty in their dealings with the consumers. No contract must be of a nature that would undermine the interest of the consumers. Any contract that violates the interest of the consumers will be set aside by the courts ("Justice Rares Steven, 2016). In the modern era, the process of distribution of products is in such ways that it hardly gives a chance to the consumers to determine the quality of the product. The food is mainly packaged or canned that had deprived the consumers to judge the quality from outside. Thus, in the modern times, the courts had to relax the provision of caveat emptor in respect of food distribution (Federal Court of Australia, 2016). The roles of the consumers are very important in the modern era to cope up with the changing market situations. They are required to be aware of their rights. They are expected to be confident, as they are the major contributors to the nations wealth. Consumer confidence acts, as an indicator to the extent the consumer feels confident about their income stability, which is reflected in their spending activities and purchasing powers. The consumer confidence is the key indicator of the overall state and shape of the nation's economy ("w", 2016). The role of Australian Competition and Consumer Commission is to enforce the Competition and Consumer Act 2010 and other legislations involving fair trading, promoting competition and regulating infrastructures of the nation (ACCC, 2016). It is a statutory body that aims to improve and strengthen the efficiency of the economy and welfare of the consumers. They take appropriate actions when the interests of the consumers are endangered. They take the appropriate remedy for market failure and take efficient economic operations (ACCC, 2012). Coles had recruited the top fiercest critic Jeff Kennett, the former Victorian premier as the independent arbitrator to resolve the disputes between them and the other suppliers. Kennett had made it clear that although he will be paid by Coles, he will act independently in respect of the supermarket chain. Kennett also added that his decisions will be binding on Coles but if the consumers are dissatisfied that they can move to the courts for adjudicating their rights. Coles had no idea that Kennett would turn out to be King Solomon (Mitchell, 2015). On his appointment, Kennett found two faults on the part of Coles. Firstly, he drew the attention of ACCC and provided them with the sample of the bread and muffins, which Coles claims to be freshly baked in their advertisements. (irishecho, 2016). He complained ACCC that Coles in their advertisement tags stated, Baked today, sold today which was rather misleading than to be true. However, the bread was par-baked and came all the way from Ireland and finally they were fully baked at the time of sale. Kennett stated that the terms of the advertisement though technically correct was misleading. ACCC held that Coles had misled the consumers as freshly baked refers baked at the store at the time of sale (Heffernan, 2015). However, Coles in their defense held three arguments. They said that had used the labels Made in Ireland to make it clear to all the reasonable consumers whether or not the bread were baked fresh on each day. They also stated that commonly par-baked bread are offered to the customers in supermarkets, bakeries, restaurants and food outlets ("Australian Competition Law | ACCC v Coles", 2016). Lastly, they argued that they had stoked, at few stores in Victoria and NSW, the Cuisine Royale brand, which was imported from Ireland for trial in the month of July and August. However, the last defense was not proved to be true as documents showed that the bread was stoked in the month of October too which was three months after when Kennett had sparked the concern about Irish Bread, which was being sold as freshly baked bread ("Coles' half-baked defence", 2013). The Federal Court stated that ordinary consumers would assume fresh baked bread as baked from the scratch. The Court found Coles advertisement as sufficiently misleading and therefore, they had acted in contravention of Section 18 of Competition and Consumer Act 2010 (ACCC, 2016). Section 18 of the Act states that no person must engage in any conduct, which is deceptive or misleading or is likely to deceive or mislead (austlii, 2016). Allsop CJ commented that the contravening action of Coles, in this case, was serious and substantial as goods in question were consumers the staple food notwithstanding the absence of any substantial proof of damage in case of both consumers and competitors. He added that the evidence clearly showed that Coles had engaged in such market strategy to improve its market shares. ACCC successfully won the case against Coles, and the Federal Court imposed a heavy fine of $2.5million on Coles. And further ordered Coles to not give any representation on the package, website and other promotional medium that the bead were freshly baked on the day of sale or have been baked entirely on the day of sale or baked from the freshly made dough which was not the same in this case for a period of three months. It was also ordered to give a corrective notice in its stores and website about the real baking procedure of the bread (Whyte, 2013). Secondly, Kennett became deliberate to solve the disputes between Coles and the small suppliers where Coles had prepared a lengthy trail claiming extra payments using its powers by the virtue of its size and popularity from two hundred small consumers to strengthen its profits (Sue Mitchell, 2016). Initially, Coles had rejected the allegations but later decided to settle the claims and compensated the suppliers for fines, rebates, and payment withheld by Coles. However, he did not state the amount, which Coles was expected to pay, but he said that the amount paid by Coles were near to the figure of the fines that the supplies talked about. Kennett contracted with 220 suppliers who were persuaded to join the ARC program and negotiated with those suppliers whom he felt eligible for compensation. There were 150 suppliers who were refunded (suppliers, 2014). Coles was ordered by him to refund $12 million to the suppliers who had joined ARC program and pay $324,000 to the suppliers who have forced pay fines or were deprived of payments due to late delivery, wastage in store and spoilage. He insisted that his decision may prove to be substantially expensive for Coles, but it will bring great results for Coles as well as for the suppliers. He even noted that a noticeable change was re cognized in the relationship between the suppliers and Coles (Jane Harper, 2016). ACCC accused Coles by stating that they had tried to improve their earnings by demanding ongoing payments and rebates from the small suppliers ranging from 0.1% to 0.7% of sales to recover the cost of the new program. Coles threatened them with commercial ramification like range reviews if they refuse to pay the extra rebates. Further, Kennett mentioned that the said program failed to provide all the benefits as promised to the suppliers (ACCC, 2014). However, threatening the consumers has proved to be an expensive mistake for Coles as they had to pay nearly $20 million as compensation. Gordon J mentioned that Coles had misused the bargaining powers deliberately and repeatedly (ACCC, 2016). To posses, the market power alone is itself unlawful. To determine whether there has been any abuse of market power the court ascertains three things- the substantial market power of the company the advantage was taken by the company by that power the power is being used for illegal purpose ("Misuse of market power", 2012). According to Carr, Coles as a supermarket are auctioning off the shelf space in order to exclude competitors, deduct costs for services provided for stock handling, extract concession contracts by negotiation to deny access to the shelves, rescind contracts in mid-term, forcing them to pay more on freight charges and using their home brands to destroy the suppliers intellectual property. In most cases, the main access to the customers has become through this supermarket (retailbiz, 2016). Thus, they have become confident enough that the small suppliers either have to do business with them, or they will be out of their business and thus, they engaged into those methods of abuses in respect of the small suppliers (futuredirections, 2016). Conclusion The supermarkets must observe transparency in their dealings so that the consumers are not deceived or misled. A misleading of deception actions is those which makes the consumers believe something which is not true or takes any step which he would not have ordinarily taken if he understood the true implication of it. The heavy fine imposed on Coles acted as deterrence for those companies who intend to engage themselves in misleading and deceptive trade practices. As the consumers are the most important contributors of the nation's wealth, there must be kept at top priority and preserve their bargaining power. The Market abuses have become a great concern for the Australian Government. The financial pressure on the farmers and small suppliers has reduced the domestic food security. The government has adopted mechanisms to ensure that the retails do not hamper the balance between the buyers and the sellers of food to ensure the Australian food security. Further, the retailers must obs erve transparency and collaboration in their dealings with the suppliers so that their market strategies are not engaged at the expense of the competitive food system. Reference ACCC, C. (2014).Coles to refund suppliers as it settles cases with ACCC.The Sydney Morning Herald. ACCC,. (2016).Coles to pay $2.5m for misleading "Baked Today" and "Freshly Baked In-Store" bread promotion. ACCC,. (2016).The role and functions of the Australian Competition and Consumer Commission ACCC,. (2016).Australian Competition and Consumer Commission.Australian Competition and Consumer Commission. austlii,. (2016).Australasian Legal Information Institute (AustLII).Austlii.edu.au. Retrieved 25 May 2016,

Essay Topics - How to Study For Essay Topics

Essay Topics - How to Study For Essay TopicsIt's not enough to know that you need to learn what essay topics are or that you want to know about essays. You must also know how to write a good essay, but when you're ready to get started, you want to know where to get some help and what to do next. Some of the tips in this article will help you succeed. With this information, you will be well on your way to writing great essays.A good place to start is by looking at all the main questions that you will be asked during your exam. Most of the questions that are used will likely include an essay topic and a response question. Once you see which ones are going to be used for which section, you can begin writing your essay. By reviewing all of the topics and the responses, you will be prepared to write one.The essay topics that you choose should be a reflection of the topic that you want to study. Your grade will be based on the level of your own knowledge and understanding of the topic. Eve n if you know very little about the topic, you may still be able to write an effective essay. Having a lot of knowledge about the topic however, is not necessary.When you begin to write your essay, it is important to keep an original and your own approach to the topic. Most people tend to follow their teacher's ideas on the topic and then modify them when they get to write their essay. In doing this, they tend to feel as though they need to conform to the 'rules' and don't really feel as though they are truly thinking independently. This is another reason why you need to understand the subject matter before you write your essay.When you do study the essay topics that you have chosen, make sure that you write each essay twice. Take the topics from one topic and write them all twice. This way, you'll be able to look back and see what you did and didn't follow and so will be able to correct it. If there are a few mistakes, then you will know where to focus your attention and how to wri te better.When you study essay topics, always take your time to make sure that you understand the material. Don't rush through it. Your main goal is to get through the entire topic and that should be your top priority.One of the easiest ways to become familiar with essay topics is to find an essay topics forum. Forums such as these allow people to post questions and you can answer them and see what others have to say about the topic. You can even ask for assistance or be given pointers and suggestions.By taking these things into consideration, you will be well on your way to writing excellent essays on essay topics. It is vital that you take your time to understand the content before you write your essay. Most importantly, always make sure that you will have a personal viewpoint when you write the essay.

Essay Topics About Drug Addiction

Essay Topics About Drug AddictionWith the continuing debate about drug abuse, we can see that both the United States and the rest of the world are still struggling to come up with ideas for essay topics about drug addiction. This is really a question of fact, as people feel that the government should do something about the issue; but at the same time it is also about the moral issues of doing something about it.If someone is in such a predicament, it may seem difficult to distinguish the addiction from other mental and physical health problems that a person may suffer. A person who experiences withdrawal symptoms after taking drugs may also exhibit behavioral signs that mirror depression. These are signs of a person being under tremendous stress and getting in an intense emotional reaction. In extreme cases, the behavior may also be caused by the feeling of hopelessness over the drug use.Perhaps the main reason why people would choose drugs is the escape of stress and loneliness. How ever, this may turn out to be a fatal addiction, and not just for the person but also for the society as a whole. Any type of drug abuse, whether they are recreational or prescribed, results in a psychological addiction that results in the complete loss of humanity and the person being afflicted.It is often the case that a person who is a member of the society may be using drugs not only to get rid of stress and to have some excitement and change of pace, but also to escape from their society or from their family. As long as the drug abuse goes on, it can turn into a vicious cycle, where there is an intense need for the drug, the more it is used the more it is needed, which in turn results in taking the drug without the user having the will to quit. It can result in damage to the liver, to the brain, to the heart, to the digestive system, to the respiratory system, and even to the kidneys.In many cases, these symptoms can affect one's personal life, making them unable to cope and co ncentrate on their job or at school. The loss of job or education can become a very serious problem, as people cannot function properly anymore and are easily affected by the symptoms that result from drug abuse.It is not possible to eliminate all the negative effects of drugs, however, there are several ways of preventing and treating the drug addiction. A drug user should seek treatment from a physician, as well as from a drug rehabilitation center. The counselor at the center will talk with the patient and guide him to the proper way of dealing with the situation.Withdrawal symptoms from drugs can sometimes last for several weeks and may even last months and years. For this reason, it is essential to seek professional advice on how to deal with the addiction. Without it, drug abuse can leave the victim completely dysfunctional and powerless, and his or her personal life and personality may start to crumble, resulting in great suffering.

Argumentative Essay Topics About Eating Healthy - Tips For Better Writing

Argumentative Essay Topics About Eating Healthy - Tips For Better WritingArguing with your college essays often shows up as the argumentative essay topic. It can take an entire paragraph or more to make it worthwhile. Yet, it is the primary reason that these essays fail to get accepted and they do not get read.When writing your college essay you must remember that it is a form of art and this fact is known by everyone. The art of writing an essay is simply stating the facts, reason, and contributing to the conversation. If you do not use arguments to convince readers that you are right, the readers will never accept your words.Most college students today have not had time to develop their critical thinking skills and due to the hectic schedule of college they do not think in any other way than what they want to hear. You should know that they are more interested in scoring good grades. So if you allow them to use argumentative essays as a tool for improving their grades they will go ahead and get rid of those hard-working hours of class.Instead of arguing with your essay topics about eating healthy, you should introduce some methods and strategies to help them understand how to deal with food issues. You should not impose your opinion, as you may be corrected and you do not want to be placed on the naughty list too. Many students rely on arguments to help them win over their classmates, but if you provide them with methods to understand food issues there will be no need for them to bring out their arguments.Arguing with your college essay topics about eating healthy will only get them further away from accepting the facts. If you are stuck on this question and have no ideas to solve this problem then try adding one of these suggestions to help them get rid of the stress. Keep these tips in mind and use them regularly.Do not forget that vegetarians eat chicken, fish, beef, and pork. So don't include all meat products in your argumentative essay topics about eati ng healthy.Many college students today have been shocked to find out that not all foods are safe for the body. Eating healthy does not mean that you have to have no fats or sugar in your diet.These young minds love to question things and they are most likely to be right if they are given the freedom to do so. So start using argumentative essay topics about eating healthy and be patient while they start taking control of their diets.

What Made Me Who I Am Today?

What Made Me Who I Am Today?There are many different types of essay topics for students but some of the most interesting essay topics can be provided by the teaching staff of a school or an essay class. As such, you should take the time to ask the teachers of the schools that you may be looking into to see if they have any topic ideas for you.The whole lot of the time is to find the exact essay topics that you think will interest you the most and in doing so you should take your time with your research. For example, if you do decide that it is a good idea to look into the topic of 'what made me who I am today' then it is a good idea to visit the school library where there are many different books which can be researched and looked at as you try to find the topic ideas.You need to remember that you should take your time and not rush into making sure that you find the best idea for a particular topic and this is because you want to ensure that you get all the information that you need in order to write an interesting and well-written essay. It can be fun to write an essay so you don't want to get caught up in the fact that you could get a wrong idea from the teachers that can stop you writing a truly professional essay.In the first place, you need to take the time to search online and in particular you need to spend some time on the internet to find out what is available to find out what questions people are thinking about on what made me who I am today. The better the questions that people have, the better the ideas will be for you to work with.On the whole, the best thing that you can do is to spend some time browsing around the internet to look at the different websites that you can get for this purpose and it is possible to find a whole lot of different things to look at. For example, it is possible to find an essay topics which you can go into and that you can use to help you with your research for this question.It is important to remember that you should ta ke some time and to really try and to take the time to learn as much as you can about what is going on in today's world. As you spend time learning about today's world, you will find that you can really pick up some important ideas and then as you start writing you will find that you can really create some amazing content that people will love.You should be able to try and understand the question why people like the way that they do and as you can see there are many different answers to this question. Many of the answers can be discovered when you take some time to explore the world and to make sure that you get the best answers possible.This article should give you a little bit of help in looking for essay topics that can help you in what made me who I am today. Indeed, you should take the time to go through the article and to get some ideas on the topic for you to think about.

4 Reasons Why Algebra Word Problems Helps

It may seem odd to be using an algebra word problem in mathematics class, but many teachers use it to help their students learn the rules of algebra. Since learning in school is a good deal of fun, I decided to find out why many people use the algebra word problem. In my mind, they were a teaching aid that helped many students learn important algebra facts. I'll explain some of the reasons behind this algebra word problem. The first reason for using algebra word problems as part of a school curriculum is to make learning fun. Whether or not one likes algebra is irrelevant. Students who are able to do complex algebra can develop interest in the subject matter as well as critical thinking skills. Algebra is a subject that must be learned with plenty of practice and study. Learning through word problems helps. If one doesn't like algebra, one can always tell the teacher and be excused from doing the problem. This technique has worked for me when I did not like algebra. Second, algebra word problems give students practice problem solving. Most people learn better through problem solving than through rote memorization. Using an algebra word problem can help improve problem solving skills while giving students practice solving problems. Third, many teachers use the word problems because it is a way to incorporate math and algebra into the lives of their students. Math is often taught as a separate subject from the science classes. With the introduction of algebra as a subject, many teachers have learned how to integrate their science classes with math. A fourth reason that teachers use the word problems is that it is easy to teach algebra without a lot of prior math knowledge. Teachers can use algebra word problems as a fun activity. By providing students with math problems, many teachers can get them working on their mathskills without them being aware of the subject. In some cases, students might not have to study math at all if they have fun activities to do. As with many subjects, math is a subject that must be learned with lots of practice and study. For many teachers, allowing students to solve algebra problems can improve both problem solving skills and academic success. The inclusion of the word problem provides students with fun activities that will help them learn more quickly.