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This assignment will deal with jurisdiction of consumer protection in the European Union. For the simplicity, the assignment will be divided in few paragraphs that will explain what consumer protection is, what is consumer protection in the European Union, which jurisdiction rules and governs consumer protection issues in EU and national laws of the two Member States, for the comparison – Republic of Croatia and United Kingdom.
Introduction
Consumer is a person who purchases goods and services. Nowadays economical society is dealing with all kinds of social interactions, issues and relations, there are many laws and organizations that are governing consumer protection, which are established in order to ensure rights of consumers in fair-trade and obtaining correct information for them. Main goal of these organizations and law is to prevent any kind of fraud of unlawful acts regarding consumers. One of the fundamental values of the European Union is promoting consumer’s rights. Entering into membership of the European Union automatically ensures laws of protection for consumers. The body dealing with consumer protection in European Parliament is called Internal Market and Consumer Protection Committee.
Internal Market and Consumer Protection Committee
In the European Union, legislation guarantees that every citizen of EU has right to be treated fairly at buying or paying. It is specifically mentioned in the Charter of Fundamental Rights, Article 38 – Consumer protection, which states that “Union policies shall ensure a high level of consumer protection.”
European legislation guarantees fair treatment, products that are of acceptable standards and right of repay if products are not right. As mentioned, Internal Mar...
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...e European Union, retrieved from: http://europa.eu/pol/pdf/flipbook/en/consumer_en.pdf
Office of Fair Trading, retrieved from: http://www.oft.gov.uk/
United Kingdom Consumer Rights, Trading Standards Institute, retrieved from: http://www.ukecc-services.net/ukycr.cfm
Baretić, M. (2003a), Implementation of consumer law of the European Community in Croatian law, Pravo u gospodarstvu 42 (2003), retrieved from: http://link.springer.com/article/10.1007%2Fs10603-013-9238-9
Charter of Fundamental Rights of the European Union, 2007, European Parliament Council Commission
Internal Market and Consumer Protection, European Parliament/Committees, retrieved from: http://www.europarl.europa.eu/committees/en/imco/home.html
European Standards, Health and Consumers/Consumers, European Commission, retrieved from: http://ec.europa.eu/consumers/safety/euro_standards/index_en.htm
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
In an ideal world, consumers and companies would equally share the burdens of product liability and consumer responsibility. However, in the real world, we must make tradeoffs between these two. How we do this will not only affect our legal environment, but our economic and social environments as well.
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
The Lex mercatoria was an international law of commerce governing the trades and disputes based on the customs and practices of merchants. By the nineteen century, the law of merchant was fully incorporated in the Common law, but the development of commercial law led to a conflicting mass of case law . Following the commercial community recommendations, European countries started to rationalized the commercial law by building codes . English law didn’t follow this path, but instead adopted a series of Act of Parliament focusing on specific area, such as Bills of Exchange Act 1882 and the Sale of Good Act 1893 . Finally, the rise of the consumerism forced the Parliament to recognize the separateness of certain commercial transaction and to adopted an interventionist approach that aimed to create a body of laws protecting consumers, such as the Unfair Contract Terms ACT 1977 and Consumer Protection Act 1987
Both the common law and the statutory law have recognized the weaker position of consumers. It is well established an exclusion clause will be valid and enforceable only if it is incorporated in the contract, use clear wordings and does not contravene statutory limits. In order to limit the unfairness resulting from exclusion clauses, the courts have developed certain principles such as the doctrine of non est factum in signature cases, ‘red ink-red hand’ principle in relation to ‘onerous or unusual’ terms, contra proferentem rule when interpreting ambiguous exclusion clauses and ‘fundamental breach’ principle.
Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.
The European Communities Act provides that s 2(1) has direct effect of EU law provisions which suggests EU law regulations are automatically binding upon parliament without the need of creating new ...
At the beginning, the causes of the problem can be classified into three aspects: transferring personal data to others without consumers’ consent, lacking awareness on the protection of privacy and leaking the personal data unintentionally. The leakage of the personal data can be in the form of keeping and transmitting personal data insecurely and then stealing by crackers. There is no controversy on this cause- it is apparently a crime, hence, not discussed in this essay. One common torment of companies is that they are not renowned. Consumer personal information includi...
 United Nations Guidelines on Consumer Rights- 8 basic consumer rights that as consumers we are entitled to
Consumers in Australia are protected by an assortment of laws which are managed and imposed by Australia's national, state and territory consumer regulators. These various laws will generally apply only to business to consumer interactions, rather than business to business transactions . Over the past 10 years Australia’s consumer protection laws have undergone much needed reform. The Australian Consumer Law (Cth) came into effect from 1 January 2011 and has ‘repla...
This rule can cause significant commercial inconvenience. For example, contracts often contain exclusions of liability and indemnities in favour of third parties but the third parties may have to depend on the ability of a contracting party to obtain substantial remedy, as recognised in Midland Silicone and The Eurymedon . It is important to recognise that in the case of the Eurymedon, the courts departed from a formalist viewpoint and applied principles of consideration to reach a justifiable conclusion for the third party. This highlights that not only does the doctrine not act unjustly, but also that despite the solid foundations, the doctrine has been open to interpretation to accommodate consumer welfarist
Solomon, Michael R; Bamossy, Gary; Askegaard, Søren; Hogg, Margaret K (2010): “Consumer Behaviour A European perspective” 4th edition.
Clothes, furniture and electronics. At first thought, these items do not seem to bare any similarities other than the fact that consumers desire these materialistic goods. One of the only similarities they have is that consumers are protected by basic consumer rights upon purchasing these items. Consumer protection is a collective set of laws and organizations set up to safeguard the interests of consumers in terms of "fair trade, competition and accurate information". [1] In this fast-paced society of ours, most corporations and business are profit-driven. Businessmen seek ways to maximise their profits and some even resort to underhand ways or unscrupulous methods to achieve what they want.