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Consumer Legislation - Coggle Diagram
Consumer Legislation
Elements of a Contract
Capacity to Contract *
e.g. must be over 18*
Consent to Contract
i.e. no one should be pressured to enter a contract
Intention to Contract
i.e. must be aware they are entering a contract
Consideration
i.e.
something of value must be passes from each party
Acceptance
Agreement
Legality of Form
i.e. some contracts must be in writing to be valid e.g. insurance policy
Offer
Legality of Purpose
e.g. a contract cannot exist for the sale of drugs
Termination of a Contract
Agreement
Frustration
Performance
Breach of contract
Remedies for breach
Seek financial compensation
Specific Performance
Rescind the contract
Non Legislative methods of resolving consumer conflict
Meet with the retailer
Letter of complaint
Help from a third party e.g. CAI
Legislative methods of resolving consumer conflict
Sale of Goods and Supply of Services Act 1980
Legal rights of Consumers: Goods
Fit for purpose
As described/match the sample
Merchantable quality
Legal ownership must exist and quiet possession must transfer
Legal rights of Consumers: Services
Qualified person
Due care and attention
Materials of merchantable quality
Legal Responsibilities of retailers
Retailer is responsible for faulty goods not the manufacturer
Unsolicited goods: payment cannot be demanded for goods not ordered (terms apply)
Guarantees cannot limit consumer rights
Signs in store cannot limit consumer rights
Redress
Repair
Replace
Refund
Consumer Protection Act 2007
False/misleading prices
False product descriptions
False/misleading advertising
Aggressive selling practices
CCPC
Offers personal finance information
Enforces consumer & competition protection laws
Informs consumers about their rights
Refers to the DPP where needed
Advises the government
Enforces product safety regs
Assesses mergers (to avoid lessening of competition)
The Small Claims Procedure
4 steps of applying
€2,000 limit on claims
No solicitor is required for the Small Claims Registrar
A hearing takes place at a District Court and requires a solicitor. Decisions are legally binding
An appeal can be made to the Circuit Court within 14 days
Office of the Ombudsman for Pubic Services
Examines complaints about unfair treatment by a public body / public service provider
Financial Services Ombudsman
Deals with complaints about financial service and pension providers