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The National Rules on Performance, Termination and Impossibility - Coggle…
The National Rules on Performance, Termination and Impossibility
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What constitutes impossibility, frustration and unforeseen circumstances?
Impossibility is a case of action and exists if, after the contract was concluded, an event occurs which makes performance of the contract impossible
English law lumps two cases, unforeseen circumstances and cases of practical impossibility, together under frustration. English courts are hesitant to invoke the doctrine of frustration in cases other than impossibility
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What consequences do impossibility, frustration and unforeseen circumstances have for the contract and/or the availability of remedies?
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When are goods considered not to conform to the contract under Directive 99/44 on sale of consumer goods and associated guarantees?
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What is the system of remedies for consumers provided by Directive 99/44 on sale of consumer goods and associated guarantees?
Article 3 (1): "The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered."
- In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.
- In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate. A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:
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Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
- The terms "free of charge" in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.
- The consumer may require an appropriate reduction of the price or have the contract rescinded:
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- The consumer is not entitled to have the contract rescinded if the lack of conformity is minor
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