European Consumer Law - Law of Contract - Lecture Slides, Slides of Contract Law

Download European Consumer Law - Law of Contract - Lecture Slides and more Slides Contract Law in PDF only on Docsity! 1250) VNO) =U a @O)NSU IY =int ~ CONTRACT LAW Influences • Common Frame of Reference • Consumer Rights Directive • Digital products • Law Commission Reform of Unfair Terms • Unfair Commercial Practices Directive and BIS desire to harmonise with contract law • Manchester BIS study on Consolidation of the law on the sale and supply of goods and services to consumers. Docsity.com OUTLINE (Academic) CFR • Very broad – 10 books • Book II – Contracts and other juridical acts – Ch 3(1): Information duties – Ch 3(4): Unsolicited goods and services – Ch. 5: Right of withdrawal – Ch. 7: Grounds of invalidity (mistake, misrepresentation, fraud, unfair exploitation) – Ch 9(4) Unfair terms Docsity.com OUTLINE (Academic) CFR • Book III – Obligations and corresponding rights – Ch 1 (iii) Good faith and fair dealing – Ch 1 (IV) Co-operation – Ch. 3 Remedies for non-performance Docsity.com OUTLINE (Academic) CFR • Book IV A Sales • Book IV B Lease of Goods • Book IV C Services • Book 6 – 3:204 –defective products Docsity.com Consumer Rights Directive • Information – General information requirements if not apparent from context – Not liable for additional charges not mentioned otherwise sanctions are for national law – Intermediaries – Specific rules for off-premises and distance Docsity.com Consumer Rights Directive • Right of withdrawal – distance and off-premises – 14 days – off-premises from when consumer signed order – distance from material possession for goods and conclusion of contract for services – 3 months after performance if no notice of right of withdrawal – notice in durable medium of using standard form – consumer liable for diminished value if excessive handling. Docsity.com Consumer Rights Directive • Sale of Goods - hire/services/digital products - delivery 30 days - risk with acquiring material possession - hierarchy mandatory (right to reject?) - trader has choice between repair and replacement - damages - two year period - notify defects within two months • Unfair terms – Black list Docsity.com Unfair Commercial Practices Directive • Maximal harmonisation • General unfairness clause – linked to test of average consumer – some consideration of vulnerable consumer • Misleading • Aggressive • Blacklist Docsity.com Structure of UCPD • General clause (art.5) • Misleading acts (art.6) and omissions (art.7) • Aggressive (art.8) • Blacklist (annex 1) Docsity.com Unfair practices (art.5) • Contrary to professional diligence • Materially distorts economic behaviour of the average consumer (or average member of targeted group) • Materially distorts = impairs ability to make informed choice causing him to take transactional decision) • Foreseeable vulnerability based on mental or physical infirmity, age or credulity • Misleading • Aggressive Docsity.com Aggressive • Harassment, coercion or undue influence • Impairs freedom of choice • Causing consumer to take a transactional decision he would not have taken otherwise Docsity.com A Private Right of Redress? • Irish Consumer Protection Act 2007 • LAW COM Preliminary Advice on A Private Right of Redress for Unfair Commercial Practices? to BERR Nov 2008 • New LAW COM project on Misrepresentation and Unfair Commercial Practices – Misrepresentation (omissions) – Aggressive practices (duress/undue influence) – Unfair practices with no potential remedy under existing law Docsity.com Manchester BIS Study Consolidation of the law on the sale and supply of goods and services to consumers • Simplifying • Streamlining • Rationalising and Simplifying Terminology Docsity.com Manchester BIS Study Rationalising and Simplifying Terminology • Conditions, warranties, conformity with the contract • Acceptance • Passing of property • Overclassification – specific/unascertained/ existing/ future Docsity.com The Final Outcome? • Comprehensive Consumer Contract Law (not credit). • Simpler and easier to understand. • Influenced by EU law but also by UK traditions. • More distinct from general contract law cf CFR? • Will it happen? Docsity.com