Chapter 2 - Conflict in the marketplace (consumers vs businesses) (CONSUMER PROTECTION ACT MUST BE ADDED)

What is a contract?

A contract is a legally binding agreement between two or more parties and ,if necessary, the parties may resort to the courts to decide

What is invitation to treat?

Invites a party to make an offer but is not necessarily an offer to sell. Eg. a shop displays flick knives when it was illegal to sell them, a government official took a picture of them but the case was thrown out because he did not buy them.

What is a condition?

the fundamental part of a contract, if broken, the contract is deemed null. Eg, a condition is broken if a singer misses a concert

What is a warranty?

the less important part of a contract, and if broken, does not end the contract. Eg, a singer not turning up to rehearsals

Explain three aspects of a contract

Offer + Agreement = Acceptance

Capacity to consent = the power of a natural person to enter a contract, they are legally able to. People who do not have capacity are minors, people of unsound mind, people under the influence, diplomats with given up immunity

Real consent = a person must not be harassed, coerced or lied to in order to sign a contract. Eg. shotgun wedding

How do you end a contract?

Performance = both parties have completed their contract. Eg, a footballer signs with a club for three years and leaves.

Agreement = both parties agree to end the contract early and are legally free from each other. Eg, a footballer doing badly is put under pressure to leave.

Breach = a fundamental part of the contract is broken. Eg, Kate Moss lost her contract with Chanel after pictures released of her doing cocaine.

Frustration = Due to some unforeseen circumstances the contract must end. Eg, the Arctic Monkeys being unable to preform after Alex Turner gets a sore throat

What are the remedies for a breach of contract?

Damages = a monetary compensation is given to the affected party. Eg, Flo Rida was given compensation after a dispute with a drinks company over celebrity endorsement

Specific Performance = a judge orders that certain duties are carried out. Eg, a builder being ordered to repair a badly done job.

Rescinding the contract = a judge tries to place both parties in the same position they were in before the contract began. Eg, selling parts of land you don’t actually own

What does the Sales of Goods and Supply of Services Act say are out statutory rights?

Goods must be of merchantable quality (considering their price and durability ie, a €1 pen vs a €50 pen. You are entitled to a refund, replacement or repair)

They must be fit for purpose ( advice should be correct, ie, being sold indoor paint for an outside paint job)

Goods must be as described (being sold a 100% silk shirt that actually contains polyester)

Must match sample (ie, carpets or curtain samples)

Service providers should

Have skill = education, training, experience

Use skill = exercise due care, do an attentive job to full affect

Materials = use materials of merchantable quality

What are guarantees?

They are additional protection given to the consumer. They should display the time frame and the procedure for making a claim

What are illegal signs?

Credit notes only = only allows you to shop in that shop again

No cash refunds

No exchange

What are unsolicited goods

Inertia Selling

Goods sent to someone without them placing an order. They are entitled to keep them after 30 days without payment if the consumer has sent a written notice to the provider over where they can collect it. They can keep them after 6 months.

What is retailer responsibility?

The consumer made a contract with the shop and not the producer, so if a product is faulty it is on the shop to get is fixed.

What are the redress scenarios

Full cash refund = if you act promptly and have proof of purchase

Part refund = if you are delayed, or the goods have been used

No refund = the product has been abused, the fault was pointed out at purchase or you simply grew tired of it.

What is the cooling off period?

14 days for online purchases, 30 days for doorstep purchases

The ombudsman deals/does not deal in what? What do they then do?

Investigates public service bodies if you think you’ve been given wrong information. It is a last resort

It does not deal with decisions made by doctors, how prisons are run, gardai or immegration issues

They must present whatever findings to you.

What is small claims procedure (court)?

You pay a €25 entry fee, and the claims can only be up to €2,ooo. It is easy to access, the form is online. There is no need need for a solicitor. Used for small cases.