*Please note that the links to the content in this Part will direct you to New Westlaw.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AEST).<\/p>\n The latest issue of the Australian Journal of Competition and Consumer Law<\/em> (Volume 32 Part 3) contains the following material:<\/p>\n EDITORIAL<\/p>\n In the Interests of Commercial Certainty \u2013 Is It Time to Reconsider the Application of <\/strong>Key Provisions of the Australian Consumer Law?<\/strong><\/a> \u2013 <\/em>M Scott KC<\/p>\n This article raises a question for debate. Does the intrusion of ss 18 and 21 of the Australian Consumer Law into complex commercial settings sit uneasily with the factors which shaped commercial law over two centuries? Put another way, are these provisions reflective of norms of conduct or more accurately seen as being discordant with recognised international norms such as party autonomy and freedom of contract?<\/p>\n The Misuse of Discrete Choice Experiment Surveys in Product Liability Cases<\/em><\/a> \u2013 <\/strong>Christopher Pleatsikas<\/p>\n In at least two recent vehicle product liability cases applicant experts have utilised analyses based on so-called Discrete Choice Experiments (DCE) as evidence of harm to buyers of allegedly defective products. The harm is expressed in terms of the \u201creduction in value\u201d \u2013 in other words, essentially a claimed reduction in the equilibrium market price at the point of initial sale \u2013 attributable to product defects. This article discusses certain foundational issues that underpin the DCE methodology and its application to estimating damages associated with product defects. The author demonstrates that there are fundamental economic and survey design problems that are inherent in the DCE methodology when used for this purpose. These problems are so profound that the methodology does not provide reliable, economically sound estimates of \u201creduction in value\u201d attributable to product defects.<\/p>\n AUTHORISATIONS AND NOTIFICATIONS \u2013 Editor: Rosannah Healy<\/em><\/p>\n ENFORCEMENT AND REMEDIES \u2013 Editor: Bill Keane<\/em><\/p>\n CASE NOTE \u2013 Editor: Christopher Hodgekiss SC<\/em><\/p>\n CONSUMER CONCERNS<\/p>\n REPORT FROM AFRICA \u2013 Editor: Lesley Morphet<\/em><\/p>\n\n
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