Consumer Law

3 Key excerpts on "Consumer Law"

• 

  eBook - ePub

  English and European Perspectives on Contract and Commercial Law

  Essays in Honour of Hugh Beale

  • Louise Gullifer, Stefan Vogenauer(Authors)
  • 2014(Publication Date)
  • Hart Publishing

    (Publisher)

  This supplements the common law’s negligence liability scheme. To this, one needs to add the body of case-law both from domestic courts and the CJEU which interpret these measures, although there are not that many cases coming through the domestic courts. 29 In addition to legislation and case-law in the private law field, Consumer Law also includes important administrative law or regulatory provisions, again derived partly from domestic and partly from EU law. Historically, the key measure in this respect was the Trade Descriptions Act 1968, but this has now largely been replaced by the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, which in turn implement the Directive on Unfair Commercial Practices (Directive 2005/29/ EC (UCPD)). In addition, there are some specific measures dealing with pricing, and a vast array of regulations dealing with the composition of products and labelling. Often, these regulatory measures are supplemented by criminal law provisions, which allow for their enforcement not only through administrative sanctions such as injunctions, but also through the prosecution particularly of persistent infringements of the relevant Consumer Law rules. 30 As this short sketch demonstrates, Consumer Law consists of consumer-specific measures and those of general application, statute and case-law, and domestic and EU law. This is obviously not something that is unique to Consumer Law, but it seems that Consumer Law is a particularly extreme example of how so many different sources of law are put together to make up the full picture of this area of law. However, of itself, this might not be too much of a problem, provided that this amalgam of rules is internally consistent and non-contradictory

  Sign up to read

  Learn more about book
• 

  eBook - ePub

  All the Law You Should Know

  • (Author)
  • 2016(Publication Date)
  • Emerald Publishing

    (Publisher)

  Ch. 6

  Consumer Protection Generally

  Consumers are protected by both civil and criminal law. As we shall see below, the general law of contract gives some protection, especially from misrepresentation. There are special rules for consumer contracts, including:

  ·    Contracts for buying goods ·    Contracts for services ·    Distance selling ·    Other areas such as package holidays, insurance, food and finance

  The tort of negligence gives limited protection where the consumer has no contractual rights. In addition, there is protection from defective goods under the Consumer Protection Act 1987. The criminal law also affords some protection against such matters as trade descriptions.

  The law of contract All transactions between consumers and suppliers are based on the law of contract. Every exchange of goods is an agreement between buyer and seller.

  It therefore follows that underlying each exchange is an area of law which defines the rights and obligations of both buyer and seller. The purchaser and the person who sells goods and services are not free to do exactly as they wish after the sale or, indeed, make up the rules as they go along.

  The major area of law which supported and assisted consumers was the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994. From October 1st 2015, the Consumer Rights Act has consolidated these Acts, along with the Unfair Terms in Consumer Contracts Regulations 1999.

  The Consumer Rights Act 2015 Goods Under the Consumer Rights Act 2015, all goods supplied under a consumer contract should: •    be of satisfactory quality; •    be fit for purpose; •    match the description, sample or model; and •    be installed correctly (if part of the contract). Rights of a consumer to return goods Under the CRA 2015

  There is an Initial rights to reject the goods – an automatic 30 day period to return the goods if they do not meet the implied terms unless the expected life of the goods is shorter than 30 days. This right entitles the consumer to a 100% refund.

  Sign up to read

  Learn more about book
• 

  eBook - ePub

  Introduction to Spanish Private Law

  Facing the Social and Economic Challenges

  • Teresa Rodriguez de las Heras Ballell(Author)
  • 2009(Publication Date)
  • Routledge-Cavendish

    (Publisher)

  An example of this group of regulations just referred to is the Ley 26/1991, of 21 November, sobre Contratos celebrados fuera de los establecimientos mercantiles (hereafter, Doorstep-selling Act 1991), 222 just incorporated into the all-embracing text approved by Consumer Act 2007 (Articles 107–13), that provides the consumer with remedies and rights intended to protect the consumer in respect of contracts negotiated away from business premises. Another group of rules justifies the need for consumer protection in the subject-matter of the transaction or the specific risks involved with the economic activity, aiming at curtailing undesirable practices when, for instance, the consumer is acting as a tourist (regulations on package travel, package holidays and package tours; 223 contracts relating to the purchase of the right to use immovable properties on a timeshare basis 224) or as a user of financial services (see Section 4.8). A third category of regulations approaches the consumer as a genuine contracting party. Accordingly, consumer-related provisions are interwoven with general provisions ruling wide-ranging aspects of the contract (electronic commerce or standard form contracts). Such concrete references are pointed out for clarification purposes in the comprehensive study of transactions and contracts in Chapter 6. 4.8. Consumer credits and financial services Financial-market-related activities entail additional risks to consumers; no wonder financial products have been illustratively called ‘dangerous goods’

  Sign up to read

  Learn more about book