Skip to main content

DISTANCE TRADING – CONTRACTS MADE WHEN THE PARTIES ARE NOT FACE TO FACE



 If the two parties to a contract, particularly one dealing with the sale of goods, are not dealing with each other face to face, the buyer could be at a disadvantage in not seeing the goods described by the seller.

Two businesses dealing in this way could be thought to have enough resources to deal with this situation – it is in effect a business risk, and the buyer should take precautions such as asking for a sample, or later rely on remedies such as damages for breach of contract. A consumer in a similar position is vulnerable and, following a European directive, new statutory protection now exists.

The Consumer Protection (Distance Selling) Regulations 2000 are now in force, and although they have not yet been widely used, and therefore will need some interpretation, they represent a great step forward in updating the law of Contract to cover modern methods of trading.

The Regulations affect those who sell good or services to consumers (not where a business deals with a business) and apply where the sale takes place in one of the following ways:
Ø  By telephone

Ø  By fax
Ø  By mail order or catalog shopping
Ø  Over the Internet
Ø  Using digital television services.



Under the Regulations the seller must give the consumer clear information about the good or services offered before the sale takes place and must give written confirmation after the sale. 

The consumer then has a ‘cooling off’ period of seven working days. This means that if the consumer changes their mind during that time, they can cancel the contract without it amounting to a breach.


The Regulations do not apply to some contracts, including: 
Ø  The sale of land

Ø  Sales from a vending machine
Ø  Public pay telephones
Ø  Auction sales.


There are also partial exemptions, particularly in the areas of transport, accommodation and catering,and the right to cancel does not apply to some goods, such as perishable goods, newspapers, magazines, unsealed audio or video recordings or computer software, personalised goods, goods that by their nature cannot be returned.

Labels:

Comments

Post a Comment

Popular posts from this blog

BRIEF HISTORY OF COGNITIVE PSYCHOLOGY

Another development in the mid twentieth century with a huge import for the development of cognitive psychology was the opening up of a new field concerned with the possibility of designing and then building computers. Building on earlier work that developed a formal, or mathematical approach to logical reasoning, Claude Shannon in 1938 showed how core aspects of reasoning could be implemented in simple electrical circuits.  In the 1940s, McCulloch and Pitts showed how it was possible to model the behaviour of simple (and idealized) neurons in terms of logic. Taken together, these developments suggested something that at the time seemed extraordinary – that the brain’s activity could, at least in principle, be implemented by simple electrical circuits. In parallel with these developments, the 1930s and 1940s saw pioneering theoretical developments in computation and information processing.  Turing, in 1936, developed an abstract specification for a machine (a Turing mach...
Post a Comment
Read more

TENDERS

  A tender is where goods are to be sold or work undertaken, and the person proposing it wants to investigate whether there are people prepared to buy the items or undertake the work. Tenders are invited which are then considered, and a buyer or a worker chosen from among the tenderers. Some principles emerge, again based on the normal rules of offer and acceptance, but modified to deal with the particular situation of tenders. Single offer tenders A statement that goods are to be sold by tender is not an offer for sale, and there is no obligation to sell to the person making the highest tender. It is, rather, an enquiry into the viability of a transaction. Spencer v Harding (1870) is an example of a single offer tender, where a sale takes place on one occasion. Those submitting tenders make offers, from which a tender may be selected and accepted, forming a contract. There is generally no obligation to choose the highest or lowest tender, or to accept any ten...
Post a Comment
Read more

COURIER SERVICES SET TO REDUCE TIME AND ANXIETY IN THE COURTS

The legitimate framework in a nation is an extremely bustling one with judges, legal advisors, and court partners dependably in a consistent race against time to meet the due dates.  With their boisterous every day plan, it is related that authoritative archives are gotten or sent on time with customers requesting need and auspiciousness in the meantime.  In the event that there is any postponement or miscommunication at either end, it might constantly prompt further defers which may not fill a definitive need of either party. Legitimate dispatch administrations go for stopping this hole. In reality, this is a splendid business thought for a man who has room schedule-wise to rearrange around and be capable in the meantime. Legitimate dispatch benefit is tied in with conveying or getting archives to and from your customers on time without losing or losing any records all the while.  YOU MAY ALSO: THINGS YOU NEED TO KNOW ABOUT SYSTEM OF EDUCATION IN CANADA ...
Post a Comment
Read more