consumer conflict Flashcards

1
Q

caveat emptor

A

let the buyer beware

be cautious and use common sense

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2
Q

non legislative resolving conflict

A

negotiation

CAI

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3
Q

CAI

A

consumer association of ireland

interest group which aims for good quality goods/services and have consumers know their rights

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4
Q

legislative resolving conflict

A

sale of goods and supply of services act 1980
consumer protection act 2007
competition and consumer protection commission
small claims court
ombudsman for public services

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5
Q

sale of goods and supply of services act 1980

A
goods must be:
merchantable quality
fit for purpose
as described
identical to sample
services must be:
provided with necessary skill + qualifications
care and attention
goods sold = merchantable quality
materials used = merchantable quality
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6
Q

guarantee

A

formal assurance from a manufacturer/retailer that a product will be repaired/replaced if not of specified quality
extra protection for consumer

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7
Q

unsolicited goods

A

didn’t order goods = don’t have to pay

entitled to keep them if not collected after 30 days of you writing to them

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8
Q

consumer protection act 2007

A
bans unfair commercial practices (not honest, reasonable standard of skill, impairs ability to make informed decisions)
prohibits:
-misleading practices
-aggressive practices
-prohibited practices
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9
Q

misleading practices

A
gives false info or deceives average consumer
product:
-illegal to have false description
-can't 'award winning' if not
-usage and prior history must be correct
price:
-actual + previous must be truthful
-sale items must have original p for 28 days
advertising:
-info must be fair and accurate
-no info left out
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10
Q

aggressive practices

A

can’t harass consumer/put under unfair pressure
bans:
-threatening/abusive language or behaviour
-take adv. of consumers misfortune/circumstances

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11
Q

prohibited practices

A
  • untrue claims that it cures an illness
  • advertising closing down or moving sale when not
  • direct appeal to children
  • you’ve won a free gift - haven’t
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12
Q

pyramid scheme

A

scam
business that doesn’t sell products
pay money to join, with the promise that the more people you get to join, more money you will earn
€150,000 fine or 5 years prison

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13
Q

price display

A

must

  • display price of every item clearly
  • weighing scales for unpacked goods
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14
Q

sanctions from CCPC

A

issue a compliance notice to stop by certain date
can apply for a prohibition order to enforce stopping of illegal act
can issue on the spot fine
name and shame in consumer protection list

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15
Q

evaluation of consumer protection act

A

protects from sharp practices/con men
ensures fair/honest info for all consumers
punishes business if lie to consumer

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16
Q

competition and consumer protection commission

A
enforce consumer protection law in ireland
functions:
-informs consumers of rights (helpline)
-ensures businesses obey laws
-advises gov and influences policies
17
Q

small claims court

A

max of €2000 to sue
application is €25 to local district court
business doesn’t contest - sum paid
if do - brought together for small informal private meeting, by small claims registrar
case not solved - district court

18
Q

why small claims court effective

A

cheap quick no solicitor
justice can be gotten locally
online service also

19
Q

ombudsman for public services

A

if consumer is unfairly treated by:
gov dept
local authorities
hse
they can contact ombudsman to look into it
-free
-intimidating for consumer to take on public body - done by ombudsman