Both the Commonwealth and Queensland State governments have legislated to provide greater protection to consumers in contractual situations that would otherwise not be provided by common law. Examples of the government introducing legislation as a means of providing greater protection to consumers than common law are: The Trade and Practices Act 1974(Cth); and The Sale of Goods Act 1895(Qld).

Contract law was introduced as a means of providing assurance as to the validity of an agreement, whereby both parties intend that their words or actions will have legal consequences if not carried out. To form a contract between two parties it must be shown that there is an intention from each to become legally bound, there must be a ‘meeting of minds’ between the ‘parties’, as well as consideration. There are five general rules as to an offer the first being that the offer must be communicated by the offeror to the offeree, the second being the offeror may restrict his or her offer to one person or may make his or her offer to a limited gro

However despite all this there are still gaps that exist within common law of contracts, an example of this was ‘caveat emptor’ or let the buyer beware. In the past large corporations were able to rely of high-pressure salesmen to sell their products. But concern about the inequality of bargaining power has lead to an increasing number of laws to protect consumers. Parliaments have created new laws, which edit the common law of contract in order to make it more beneficial for consumers. These laws are found with in the legislation of the Trade and Practices Act 1974(Cth), the Fair Trading Act 1989(Qld), the Sales of Goods Act 1896(Qld) and the Hire Purchase Act 1959(Qld).

The Sale of Goods Act 1895(Qld) applies to any sale of goods taking place under Queensland law between a buyer and a seller. The Sale of Goods Act 1895(Qld) implies a number number terms such as: the seller has a right to sell the goods - so, if a party sells goods which do not belong unto them the true owner can reposess his goods from the buyer, the buyer will though be entitled to a refund from the seller of the goods (sec 15 SGA). When goods are advertised by their kind, that is, sold by description, the goods bought will correspond with their description (sec 16 SGA); goods sold by description are of merchantable quality, that is, the goods are fit for the purpose for which goods of that description are normaly used (sec 17 SGA). If goods are of a description which is in the course of the seller's business to supply, and the buyer indicates to the seller the purpose for which the goods are required, showing that the buyer is relying on the seller's skill and judgement, then goods must be reasonably fit for such purpose (sec 17 SGA); and where goods are sold by reference to a sample, terms are implied that the bulk amount will be comparable in quality to the sample (sec 18 SGA).

Normally the primary aim of a consumer who has been misled into contracting or been supplied with defective or unsuitable goods is to be relieved of the obligations they assumed under the contract, or compensate for loss or damage suffered. A consumer may only seek an order for damages under Trade and Practices Act 1974(Cth) when it can be shown that the loss is the result of a contravention of that act. A breach of statutory implied terms gives the consumer a right to seek damages or rescission from common law, depending on whether the

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