• mtu0004l Consumer Law •CONSUMER = ? (definition) •CONSUMER = anybody • (an individual shopper or a business) buying goods or services Faulty goods •Have you ever bought anything faulty? •What was wrong? • Faulty goods •Have you ever bought anything faulty? •What was wrong? •Did you complain? •Did they ask to see the receipt? •How did they solve the problem? –Did they exchange it? –Did they refund your money? –Did they repair it? Consumer Law – Contracts KEY 1.Consumer law is based on Contract law 2.a) F • b) F • c) T • d) T • e) F • f) T • g) F • h) F Consumer Law – Contracts KEY •2. a) F (everyday transactions involving private individuals are informal) • Consumer Law – Contracts KEY •2. a) F (everyday transactions involving private individuals are informal) • b) F (the consumer must convince the supplier that he would have a good chance of winning if he took the case to court) • Consumer Law – Contracts KEY •2. a) F (everyday transactions involving private individuals are informal) • b) F (the consumer must convince the supplier that he would have a good chance of winning if he took the case to court) • e) F (a consumer can refuse the service if it is reasonable in the circustances) • Consumer Law – Contracts KEY •2. a) F (everyday transactions involving private individuals are informal) • b) F (the consumer must convince the supplier that he would have a good chance of winning if he took the case to court) • e) F (a consumer can refuse the service if it is reasonable in the circumstances) • g) F (a consumer can refuse delivery if the goods arrive late and time was of the essence) • Consumer Law – Contracts KEY •2. a) F (everyday transactions involving private individuals are informal) • b) F (the consumer must convince the supplier that he would have a good chance of winning if he took the case to court) • e) F (a consumer can refuse the service if it is reasonable in the circumstances) • g) F (a consumer can refuse delivery if the goods arrive late and time was of the essence) • h) F (of the essence = of vital importance = substantial) Consumer Law – Contracts KEY •1. Consumer law contracts are mostly unwritten, they are implied by law. •2. Terms of the contract can be implied or express. • Consumer Law – Contracts KEY •1. Consumer law contracts are mostly unwritten, they are implied by law. •2. Terms of the contract can be implied or express. •3. Implied terms concerning goods are called conditions. •4. Implied terms concerning services are called intermediate stipulations. Consumer Law – Contracts KEY •5. Examples of implied terms for goods: • a) seller has a right to sell • b) goods correspond to the given description • c) goods are of merchantable quality • Consumer Law – Contracts KEY •6. Examples of implied terms for services: • a)service must be provided with reasonable care • b) service must be provided at a reasonable cost • c) service must be provided within a reasonable time Consumer Law – Contracts KEY •7. We can refuse the goods (=discharge the contract) if the terms are breached. • Consumer Law – Contracts KEY •7. We can refuse the goods (=discharge the contract) if the terms are breached. •8. We can refuse the service (=discharge the contract) if it is reasonable in the circumstances. • Consumer Law – Contracts KEY •7. We can refuse the goods (=discharge the contract) if the terms are breached. •8. We can refuse the service (=discharge the contract) if it is reasonable in the circumstances. •9. You can refuse delivery of the goods because it was late if time was of the essence. Consumer Law – Contracts KEY •7. We can refuse the goods (=discharge the contract) if the terms are breached. •8. We can refuse the service (=discharge the contract) if it is reasonable in the circumstances. •9. You can refuse delivery of the goods because it was late if time was of the essence. •10. "to waive one's right" means "to give up one's right" EXEMPTIONS - key 1)(1) D • (2) B • (3) C • (4) F • (5) A • (6) E EXEMPTIONS - key •2) an exemption clause = a warning to the consumer by the supplier that no responsibility will be accepted in case of loss, damage or injury •3) „We are not responsible for damage to clothes“ • „Do not leave any valuables in your car.“ • „We are not liable for your injuries…“ EXEMPTIONS - key •4) - the exemption clause must be part of the contract • - it is illegal to limit responsibility for death or personal injury resulting from negligence • - limiting responsibility must be deemed reasonable Statute of limitations •commence •accrue •regardless of •aggrieved •warranty •terminate •remedy •expiration •discontinuance •shall alter •toll •effective Statute of limitations •commence - zahájit •accrue - vzniknout •regardless of - nehledě na •(the) aggrieved - poškození •warranty - záruka •terminate - ukončit •remedy - náprava •expiration - vypršení •discontinuance - přerušení řízení •shall alter - upraví •toll - pozastavení •effective - účinný • •translate the term „product liability“ • •translate the term „product liability“ • • = odpovědnost výrobce za výrobek • • = responsibility for damage or injury caused by faulty goods