Flashcards
2. RESOLVING CONFLICT IN THE MARKETPLACE
Flashcards do conjunto (28)
- 1Invitation to TreatAn invitation to a customer to make an offer which can then be accepted or rejected
- 2Elements of a Contract1. Offer&Acceptance=
Agreement
2. Consideration
3. Intention to Contract
4. Consent to Contract
5. Capacity to Contract
6. Legality of Form
7. Legality of Purpose - 3ConsiderationWhat each party promises to give. Or do for the other and provides evidence that they have an agreement
- 4Intention to ContractMeans that the parties to the contract must have intended to create a legally binging contract that could end up in a court if not fulfilled
- 5Consent to ContractMeant that each party must vibe genuine agreement of their own free will to the making of the contract
- 6Capacity to ContractMeans that the people agreeing to the contract must have the legal right to do so
- u18
- of unsound mind
- ultra vires - 7Ultra ViresActing or doing something beyond ones legal power or authority
- 8Legality of FormMeans that certain contracts must be drawn up in writing before they can become legally binding
Eg- insurance policies - 9Legality of PurposeMeans that for a contract to be legally binding it must be for a legal purpose and not involve committing any crime or breaking any law
- 10Termination of a ContractMeans it can no longer be legally enforced
1. Performance
2. Agreement
3. Frustration
4. Breach - 11Frustration of ContractUnforeseen events prevent the contract being completed
Eg- death - 12ConditionAn essential element of a contract
- 13WarrantyA non-essential element of a contract
- 14Remedies for Breach of a Contract1. Recind(cancel)
2. Sue for financial compensation
3. Specific Performance - 15Specific PerformancePerson in breach of the contract will have to complete the contract and fully meet their obligations
- 16Caveat EmptorIs a legal term meaning ‘let the buyer beware’
(Consumer should have a reasonable degree of common sense) - 17Sales of Goods and Supply of Services Act 1980Sets out the law concerning the sale of goods and services
Sets out:
1. legal rights of consumers when they purchase goods
2. legal responsibilities of retailers to consumers
3. legal remedies available - 18Sale of Goods and Supply of Services Act 1980 1. Legal rights of Consumers1. Merchantable Quality
2. Fit for Purpose
3. Be as Described
4. Entitled to legal ownership and quiet possession
5. Services- competent person, diligence & materials = fit for purpose&quality
6. Hire Purchase consumers have same rights as people paying up front cash - 19Sale of Goods and Supply of Services Act 1980 2. Legal responsibilities of Retailers1. Responsible for defects
2. Respect rights of consumers
3. Signs=illegal(that pretend to limit the retailers liability)
4. Product Guarantees= additional benefit
5. Demanding payment for Unsolicited Goods=illegal - 20Sale of Goods and Supply of Services Act 1980 3. Remedies Available1. Repair (minor fault)
2. Replacement (serious fault)
3. Refund (not as described, not of merchantable quality or not fit for purpose intended etc.) - 21Merchantable QualityMeans that goods sold to consumers must be reasonably durable to do what they are supposed to do even if they are sale items
- 22Fit for PurposeGoods must do what they are sold as being capable of doing
- 23Consumer Protection Act 2007Is the law that protects consumers from unfair business-to-consumer commercial practices.
The Act band practiced that are unfair,misleading or aggressive to wards consumers and are likely to unpair a consumers choice
1. Prohibits false product descriptions
2. Prohibits false prices
3. Prohibits false/misleading advertising
4. Prohibits businesses from engaging in aggressive practices - 24CCPCCompetition and Consumer Protection Commission- state agency responsible for promoting fair competition and protecting the interests of consumers
- advice & info to public
- advice&info to other businesses
- advises government
- enforces consumer and competition law
- publishes Consumer Protection list - 25CAIConsumers Association of Ireland- a non commercial organization set up to protect and promote the interests of consumers
- publish reports&surveys
- highlight problem areas
- consumer advice service
- lobbying the government - 26Financial Services OmbudsmanResolves consumer complaints against banks and other financial institutions (credit unions)
Decision made is binding
(Consumers can seek legislative solutions if dissatisfied) - 27The Office of the Ombudsman (for Public Services)Deals with consumer complaints against State-owned organizations (HSE)
Decision is not legally binding (most agree to avoid bad publicity) - 28Small Claims ProcedureAn inexpensive, fast, and easy way for consumers to resolve disputes without the need to employ a solicitor
Claim up to €2000
Decision is not legally binding but is effective at persuading
Informações
- Descrição
- Flashcards on 2. RESOLVING CONFLICT IN THE WORKPLACE, created by Liadh Dwyer on 19/04/2019.
- Criado por
- Liadh Dwyer
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