Chapter 2 - Resolving Conflict In The Marketplace

Question 1

What is a contract

Answer 1

A legally binding agreement between two or more parties which is enforceable by law

Question 2

List the seven elements of the contract

Answer 2

Agreement 
intention to contract 
capacity to contract 
consent to contract 
consideration 
legality of purpose 
Legality of form

Question 3

What is agreement

Answer 3

there must be a clear unconditional and complete offer made by one party and accepted by the other party
it’s consists of two parts offer and acceptance

Question 4

What are the three ways and offer can be made

Answer 4

Orally
in writing
by conduct

Question 5

What is by conduct

Answer 5

Consumer giving a newspaper and money to a sales assistant to the shops

Question 6

What are the four ways to terminate an offer

Answer 6

Revoked; the offer is withdrawn before it can be excepted by the other party
rejected; the offer is rejected by the other party
lapse of death; the time limit may be imposed on the offer
death; if the party making all receiving the offer dies

Question 7

What is invitation to treat

Answer 7

When an invitation is given to another person to make an offer the offer can be accepted or rejected and example is one price tags are placed on cars in a dealership

Question 8

What is intention to contract

Answer 8

Irish contract law assumes that all business agreements are intended to be legally binding all social and private agreements I’m not intended to be legally binding

Question 9

What is capacity to contract

Answer 9

All people and businesses have the legal ability to enter into a contract except for the following any person under the age of 18 except for a necessities and people who are mentally incapacitated

Question 10

What is consent to contract

Answer 10

The parties entering into a contract must do so well on Teralee a contract is in valid if the party is putting your physical pressure or threatens to enter into a contract are genuine mistake is made by either party to contract either party is dishonest and gives false information that may encourage you to party to enter into the contract

Question 11

What is consideration

Answer 11

Consideration mean for each party in the contract must give something of value to either party consideration can refer to money or goods exchanged

Question 12

What is legality of purpose

Answer 12

A legally binding contract must be created for illegal purpose for example a valid contract cannot exist to buy illegal fireworks

Question 13

What is legality of form

Answer 13

Contract must be drawn up in the correct legal format that can be done already in writing or by conduct

Question 14

List the four ways to terminate a contract

Answer 14

Performance
agreement
Frustration
breach of contract

Question 15

What is performance

Answer 15

A contract ends by performance when both parties complete their side of the contract exactly as out set in the contract

Question 16

What is agreement referring to termination of the contract

Answer 16

I contract ends by agreement with both parties need to mutually agree to enter the contract even if the purpose of the contract has not been

Question 17

What does frustration mean

Answer 17

A contract ends with an unforeseen event arises that prevents the contract from being completed

Question 18

What is breach of contract

Answer 18

My contract ends on one party breaks their side of the contract if a party breaks a condition of the contract the contract and immediately if a warranty on the contract is broken the contract does not end the party that broke the contract may have to pay compensation to the innocent party

Question 19

What are the three remedies for breach of contract

Answer 19

Compensation
rescind the contract
specific performance

Question 20

What is compensation

Answer 20

The judge could order the party that cause the breach to pay compensation for any losses suffered by the innocent party due to the breach

Question 21

What is rescind of contracts

Answer 21

The judge cancels the contract this returns both parties to the position they were in it before the breach occurred

Question 22

What is specific performance

Answer 22

I judge could order the parties are breached the contract to complete their side of the deal

Question 23

What Latin phrase means let the buyer beware

Answer 23

Caveat emptor

Question 24

What does caveat emptor mean

Answer 24

That consumers should use common sense when they make a purchase

Question 25

Why does conflict sometimes occur between a consumer and the business

Answer 25

If poor quality goods or services or misleading advertising is being sold to a consumer

Question 26

What are the three non-legislative methods for resolving conflickt

Answer 26

Negotiation writing a letter of complaint assistance from a third party

Question 27

Describe negotiation

Answer 27

If the consumer isn’t happy with the glitter service that they purchased they should: 1. return to the retailer with proof of purchase 2. ask to speak to a manager and date clearly the problem with their purchase 3. tell the retailer her they would like the problem to be resolved

Question 28

Describe writing a letter of complaint

Answer 28

If a consumer is unable to speak to or visit the retailer it would be advisable to send a formal letter of complaint 1. outline the problem with gods or services 2. explain how they would like it to be resolved 3. include copies of any proof of purchase

Question 29

Describe assistance from a third party

Answer 29

If negotiation is not successful the consumer can seek assistance from a third party to help resolve the issue with the retail organisations that help consumers include: consumers Association of Ireland CAI European consumers centre Ireland (ECC ireland)

Question 30

What are the five legislative ways for consumers to resolve conflict

Answer 30

Sale of goods and supply of services act 1980 consumer protection act 2007 competition and consumer protection commission ombudsman small claims procedure

Question 31

List the seven consumer legal rights under the act sale of goods and supply of services act 1980

Answer 31

Rights of consumers when purchasing a good rights of consumers when purchasing a service remedies for breach of the act retailers responsibility guarantees secondhand goods inertia selling or unsolicited goods

Question 32

Describe the rights of consumers from purchasing a good

Answer 32

Goods must be of merchantable quality meaning they should be of an acceptable standard taking into account the price and durability Goods must be fit for purpose meaning it should do what a consumer reasonably expects them to do Goods must be as described and match the sample Sean meaning description of the goods must match the packaging the brochure or description given by the salesperson

Question 33

Describe the rights of consumers when purchasing a service

Answer 33

The supplier of the service must be qualified and has the skills needed will provide the service with proper care and diligence must use materials that are sound and fit for purpose must use good as part of the service that are of merchantable quality

Question 34

Describe the remedies for breach is of the act

Answer 34

Refund - if there is a fault the consumer is entitled to a full refund of the price paid repair - if the consumer use the item for some time and then discovered a fault they are entitled to have the item repaired free of charge it should permanently resolve the problem replacement - if the seller is unable to repair the item they must replace it for the same item or an item of similar quality and price

Question 35

Describe retailers responsibilities

Answer 35

If there is a problem with the good or service purchased the seller must resolve the issue retailer is not allowed to put up signs in the business that gives consumers the impression that they have reduced consumer rights or that their rights are limited such as no refunds, credit note only, goods are not exchanged

Question 36

Describe guarantees

Answer 36

Guarantee states of the manufacturer will repair or replace a faulty item within a certain period of time after it has been purchased a guarantee states what goods are covered what time frame involved and the procedure required for making a clean

Question 37

Describe secondhand goods

Answer 37

Must be fitter purpose but doesn’t have to be as good a quality as new goods they are sold as seen

Question 38

Inertia selling or unsolicited goods describe

Answer 38

This refers to goods that are sent to someone with a demand for payment even though the person did not order the goats it is illegal to demand payment for unsolicited goods

Question 39

What five things are covered under the consumer protection act 2007

Answer 39

``` Protects consumers from unfair practices: misleading descriptions aggressive practices prohibited practices price display regulations price controls ```

Question 40

Describe the misleading description

Answer 40

Seller should not advertise good and services in a way that deceives consumers

Question 41

Describe aggressive practices

Answer 41

Traders cannot harass or coerced consumers into buying a good or service

Question 42

Describe prohibited practices

Answer 42

Such as falls claims that a product that can cure littleness or claiming as a business is closing down when this is not the case

Question 43

Describe price display Regulations

Answer 43

The Minister for jobs enterprise and innovation has the power to require a price of a certain product must be displayed in a particular manner

Question 44

Describe price controls

Answer 44

this act allows the government approved price controls to be introduced in emergency situations

Question 45

Name the five things that the competition consumer protection commission does

Answer 45

``` Informs consumers of a right investigate breaches of consumer rights advises the government personal financial information and education enforce this product safety regulations ```

Question 46

Describe how the CCPC informs consumers of the rights

Answer 46

Operate a website and telephone helpline which gives consumers information about their consumer rights

Question 47

Describe how the CCPC investigate breaches of consumer rights

Answer 47

Investigate breaches of consumer legislation such as product safety are misleading advertising

Question 48

Describe how the CCPC advise the government

Answer 48

Conducts research to identify areas where consumers need greater protection in the form of the government about the impact of any new laws

Question 49

Describe how the CCPC helps with personal finance information and education

Answer 49

Provides financial information and education to consumers through public awareness campaigns

Question 50

Describe how the CCPC in force this product safety regulations

Answer 50

Insure is their products and retailers are very relevant product safety regulations they share information about dangerous products across the EU

Question 51

Describe the role of the ombudsman

Answer 51

If a consumer cannot resolve a complaint with an organisation they can make a complaint to the relevant ombudsman the service provided by the ombudsman is free of charge they must have used the complaints process in the relevant organisation before they can bring a case there are a number ombudsman in Ireland including the financial services and pensions ombudsman FSPO the office of the ombudsman

Question 52

Describe the small claims procedure

Answer 52

Complaint with the business they can take the case to the small claims procedure at the district court claims of the value of 2000 Euro can be made for: faulty goods or poor quality product