Consumer Protection: Understanding Different Aspects and Cases, Slides of Civil Law

Download Consumer Protection: Understanding Different Aspects and Cases and more Slides Civil Law in PDF only on Docsity! Consumer Protection Docsity.com Debate  Hot Debate  What protection does Edison have?  How should this case be resolved?  What’s Your Verdict  Pg 259  How should this case be resolved? Docsity.com Governmental Procedure  Cease-and-desist order: an order requiring a company to stop the specified conduct.  Consent order: voluntary, court- enforceable, agreement to stop a practice.  Restitution: Permits a party to a contract to recover money or property given to the other party. Docsity.com Protection Against Inferior Services and Goods  What’s your verdict?  Pg 260  Licensing  Who needs a license to operate?  Who would you rather go to? Docsity.com Unsafe Products  1972 Consumer Product Safety Act  Created the Consumer Product Safety Commission (CPSC)  Law Brief pg 261  You can sue CPSC, to ensure they are doing their job Docsity.com Protection Against Unfair Trade Practices  WYV pg 263  Unfair Trade Practice: any method of business that is dishonest or fraudulent or that illegally limits fair competition. Docsity.com Unfair Trade Practices  Price Fixing  False / Misleading Advertising  Bait and Switch  Federal Trade Commission  Corrective Advertising  Cease and desist Docsity.com Unfair Trade Practices  Illegal Lotteries  Required Payment to participate  Winner determined by chance not skill  A prize is won  Punishable by fine and or imprisonment  What about Bingo?  Confidence Games  Pyramid scheme (Madoff) Docsity.com Expansion of Product Liability  Warranty = Contract  Parties involved  Privity of Contract : relationship that exists between buyer and seller  Wholesaler, Manufacturer, Bystander?  Legal focus – spoiled ham Docsity.com Recovery for Tortious Conduct  Product Liability suit can be based on  Breach of warranty  Fraud  Negligence  Strict Liability  Has been expanded due to high burden of proof Docsity.com Defenses to Liability  Used for non-intended purpose  Screwdriver  Used for non-foreseeable purpose  Altered Product  Improper conduct  Misusing Product Docsity.com Warranties  Full Warranty: An express warranty that obligates the seller to repair or to replace a defective product without cost to the buyer, in a reasonable amount of time.  Limited Warranty: Any warranty that provides less protection than a full warranty. Docsity.com Opinions vs. Warranties  Puffing: Exaggerated Seller’s talk.  Expert Opinions  May create warranties  Jeweler says a diamond is flawless Docsity.com Implied Warranties  Implied Warranty: An implicit warranty obligation imposed by law.  Warranty of title  You own what your selling  Warranty against encumbrances  There are no third party claims  Warranty of Fitness for a Particular Purpose  Pg 270  Those 3 are made by all sellers Docsity.com