Article 3 specifies the scope of UCPD, including factual regulatory remit and a list of areas which fall outside its application.
According to Article 3(1), the UCPD ‘shall apply to unfair business-to-consumer commercial practices before, during and after a commercial transaction in relation to a product’.
Business-to-consumer commercial practices, as defined in Article 2(d), refer to ‘any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers’. In addition, UCPD goes far beyond the contractual relationship between trader and consumer with the aim of comprehensively protecting consumer from
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The general clause under Article 5 of UCPD, which is considered as the key element of the UCPD, prohibits unfair commercial practices and lays down criteria for judging whether a commercial practice is unfair.
The second level contains particular types of unfair commercial practices, which fall into two main categories: misleading (including either actions or omissions) and aggressive practices.
The third level provides a list of typical misleading and aggressive commercial practices which shall be considered as unfair per se without judgment (the ‘blacklist’). The practice not concretely stated in the blacklist might also be unfair depending on the assessment under the general clause as well as the provisions on misleading and aggressive practices. It is worth stressing that this blacklist is an undivided part of the UCPD, hence, the EC must follow a legislative procedure for revising EC Directive in order to amend the list. The complication in procedure might be to diminish the modification of the Directive because it will lead to the legal uncertainty in contrast with the Directive’s
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The UCPD impact on private law
Article 3(2) states that UCPD is ‘without prejudice to contract law and, in particular, to the rules on the validity, formation or effect of a contract’, which means it is not obliged Member States to modify national contract law to be in accordance with UCPD. In other words, if a consumer terminates a contract on the ground that he has been deceived by an unfair commercial practice which is prohibited under the UCPD, there would be no remedy provided by UCPD for invalidating the contract .
Nevertheless, it does not preclude the possibility of UCPD’s indirect consequences for national contract rules. The UCPD does not constrain any Member States from adopting general contract law remedies for consumer in respect of contract obtained by deception. Furthermore, it is believed that the UCPD would have impact on contractual practice since traders must manage their interaction with consumers as the results of this Directive due to the fact that the UCPD applies to unfair commercial practices ‘before, during and after a commercial transaction’. Additionally, to ensure the full comparability, the UCPD requires Member States to inspect their national rules that fall within the remit of UCPD. Prior to the 2014 Regulations of the UK, the consumer rights to redress has also been implemented in some countries on the basis of unfairness concept as clarified in the UCPD
A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted the Uniform Commercial Code or if they are still using the old, outdated, Napoleonic Code. Though Louisiana has stark interpretations of the relevance of the UCC, the state has adopted the code in piecemeal. This article is a partial synopsis of introducing readers to a few of the concepts of UCC as adopted by Louisiana compared to the existing principles of the law of sales.
The aim of this report is to explain the preliminary reference procedure, under Article 267 TFEU, and how it relates to UK legislation, to discuss its guidelines, present potential criticism on the matter and provide some recommendations on dealing with preliminary references.
Article 2: Reckless disregard for the principle of separation of powers, and specifically disregarding the authority of the Supreme Court.
However prior to the modern understanding of Consumer Rights there was a understanding of Caveat Emptor – Buyer Beware –this has been a fundamental premise of consumer wellbeing prior to World War ‖ , relation to transactions, principle that the buyer purchases at his own risk in the absence of an express warranty in the contract . This common law rule assumes that buyers and sellers are in an equal bargaining position. However there has been evident change in consumer rights which have contributed to the precedence of using Caveat Emptor is no longer acceptable, apparent in the case ACCC v Hewlett Packard Australia (HP), illustrated that no longer can a company ...
which occurs against the discrimination of the private individuals, this is based on the first section which applies to the actions of the general violates even if not always do occurs for the state agents.
Even though consumers have great protection rights in Australian Customer Law, they have to understand that this law is designed to provide consumers and sellers a fair go. Therefore, consumers also have to be aware that they will not be protected if they are careless and make unreasonable demands.
CQC (2009) Guidance about compliance. Summary of regulations, outcomes and judgement. Available at: http://www.cqc.org.uk/sites/default/files/media/documents/guidance_about_compliance_summary.pdf Accessed on: 21/03/2014
Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage-taking in such online dealings would see Australian contract law remain in the global arena. The Australian public need greater stability and certainty from contract law, and codification is a step towards fulfilling that void by allowing citizens to be well equipped and educated on their rights and decisions.
Section 3 prohibits tying contracts, where a producer requires that a buyer purchase another (or others) of its products as a condition for getting the desired good or service
...actions. The countries that sign the convention are agreeing to create laws that will penalize anyone who bribes a foreign official. Currently, it is integrated by thirty-four countries, both members and non-members of the OECD. However, there have been many complaints about countries that have still yet to provide proof that they are in fact taking care of the corruption in their countries.
Consequently, this led to 28 serious violations which constitute 28% of total drug promotion violations in the UK. Discredit and confidence cases also had 92 case breaches; however, by percentage they constituted a higher number of serious violations than any other category. Discredit and confidence represented 92 of a total of 100 serious violations. Market authorization (promotion of a drug prior to marketing approval) indicated 88 case breaches which resulted in 20 serious
...useless car to a junk yard to recover some loss, but the difference of the re-sale of the junk-car would be a significant loss. Though there were no adequate assurances to the contract, anticipatory repudiation is the only probable remedy for Jack. However, the outcome would weigh on the predominant factor test, which is met because Tom is covered as a merchant because he is operating in his usual daily business, and Jack is the buyer. The sole purpose of the contract was for Tom to sell Jack a car, and for Jack to buy a car from Tom. The UCC, though less stringent than the statute of frauds, does effectively regulate commercial transfers allowing the free market to operate without diminishing the integrity of trade.
When people think of predatory pricing, two main laws come to the minds of most...
Consumer offerings are essential products that are available in the consumers’ market. However, not all these offerings are part of the consumers’ need at a particular time. In this brief piece of writing, readers will understand the consumer offerings that relate to their needs and when. Similarly, readers will learn the difference in these offerings and probably the products the author has patronized with a vivid example. At the end of the paper, readers should feel free to consult the references that aided the writing.
Thus, consumer protection laws, prohibit unfair or defective acts from being practiced by companies.