Page 49 - Profmark BSA Guide 2025

Despite the exemptions above, certain provisons of the CPA apply to Franchise
Agreements and in relation to Product Liability.
Eight Fundamental Consumer Rights
The CPA introduces a formal set of consumer rights into law, based on internationally
accepted and United Nations adopted consumer rights.
■ Right to equality in the consumer market.
■ Right to privacy.
■ Right to choose.
■ Right to fair and honest dealing.
■ Right to disclosure and information.
■ Right to fair value, good quality and safety.
■ Right to fair and responsible marketing.
■ Right to fair, just and reasonable terms and conditions.
Safety of Consumers and Informed Consent
The CPA is designed to ensure the safety of consumers and to provide specifically
for informed consent. A supplier is required to draw the consumer’s attention in a
conspicuous, clear and understandable way, to any risk that could result in serious
injury or death.
Product Liability
Product liability and safety law are both areas of law focused on unacceptable risks
of death, injury or damage, prevention of the realisation of those risks and assuring
compensation when or if the risks do realise.
The CPA, under the fundamental right to fair value, good quality and safety,
establishes a form of modified strict liability of producers, importers, distributors or
retailers (or all of them jointly and severally) for harm caused by or as a result of, the
supply of goods which are unsafe, or failed products, or defects or hazards in any
goods, and for inadequate instructions or warnings provided to the consumer.

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