Chap 2: Resolving Conflict In Marketplace

Question 1

What are the elements of a legally valid contract?

Answer 1

1. Agreement
2. Intention to contract
3. Capacity to contract
4. Consent to contract
5. Consideration
6. Legality of purpose
7. Legality of form

Question 2

With regards to Law of Contract, what Is “Agreement”

Answer 2

Offer + Acceptance = agreement

An offer is made when one party asks another to enter a contract

Question 3

With regards to Law of Contract, what Is “intention to contract”

Answer 3

Both parties intend to create a legally binding contract

Question 4

With regards to Law of Contract, what Is “capacity to contract”

Answer 4

All persons have the legal right to enter freely into a contract, unless you are under 18, mentally incapacitated, bankrupt etc

Question 5

With regards to Law of Contract, what Is “consideration”

Answer 5

This refers to the exchange of value in a contract. Each party must give something of value to the other party. Typically monetary

Question 6

With regards to Law of Contract, what Is “legality of purpose”

Answer 6

A legally binding contract must be for legal purpose

Question 7

With regards to Law of Contract, what Is “consent to contract”

Answer 7

Both parties must enter the contract within their own free will

Question 8

With regards to Law of Contract, what Is “legality of form”

Answer 8

Certain contracts must be drawn up in a particular manner for it to be considered legal. Such as a mortgage

Question 9

What are the 4 ways to terminate a contract

Answer 9

1. Performance
2. Agreement
3. Frustration (unforseen event
4. Breach of contract

Question 10

What is a breach of contract

Answer 10

When one party breaks their side of a contract

Question 11

What are some remedies for a breach of contract

Answer 11

1. Compensation
2. Rescind the contract: Judge orders end of contract
3. Specific performance: judge orders both sides to complete their contract

Question 12

Non legislative methods of resolving consumer conflict

Answer 12

1. Negotiation
2. Write a letter
3. Third party involvement

Question 13

What does the Sale of Goods and Supply of services Act 1980 state about goods?

Answer 13

1. Must be of merchantable quality
2. Must be fit for purpose intended
3. Must be as described
4. Match the sample shown

Question 14

What does the Sale of Goods and Supply of services Act 1980 state about services?

Answer 14

1. Supplier must be qualified
2. Provider will use care and diligence
3. Materials used are fit for purpose
4. Good provided must be of merchantable quality

Question 15

The consumer protection act covers what?

Answer 15

1. Misleading descriptions
2. Aggressive practices
3. Prohibited practices
4. Price display regulations
5. Price controls

Question 16

What is the CCPC?

Answer 16

The CCPC is an independent that enforces competition and consumers protection law in Ireland

Question 17

What are the functions of the CCPC

Answer 17

1. Informs consumers on their rights
2. Investigates Breaches of consumer laws
3. Advises the government
4. Information and education
5. Ensures product safety regulations

Question 18

What is an ombudsman

Answer 18

An ombudsman deals with consumer complaints about a bank or government department

Question 19

What is mediation?

Answer 19

When an independent third party helps 2 partied reach a solution acceptable to both sides

Question 20

What is the small claims procedure

Answer 20

Easy cheap fast way for consumers to solve their dispute without a solicitor.
Up to €2,000.

Question 21

Steps in small claims procedure

Answer 21

1. Application
2. Small claims register
3. Referral to the district court
4. Appealing a decision