Financial and contractual aspects Flashcards

1
Q

What is a contract?

A

An agreement between two or more people in which one person offers to do something in return for a valuable benefit.

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2
Q

What is a breach of contract?

A

When one party fails to perform the obligations specified in the contract, that party breaches the contract.

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3
Q

What is a warranty?

A

A written agreement promising to repair or replace an article if it breaks or does not work within a specified period.

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4
Q

What is a guarantee?

A

An assurance that the product will remain in working order for a particular length of time. A promise from the manufacturer that they will sort out problems with the service or product within a fixed period of time.

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5
Q

What are grey goods?

A

Items that a manufacturer doesn’t want sold in a particular country but end up there through unofficial distribution channels. It is not illegal.

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6
Q

What is direct marketing?

A

To approach someone in person or by mail or electronic communication, for the direct or indirect purpose of promoting or supplying goods in the ordinary course of business or requesting a donation.

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7
Q

What is a cooling-off period?

A

The amount of time the law gives a consumer who has signed a contract to cancel it without a reason or financial implications.

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8
Q

What are exemption clauses?

A

Provision in a contract under which one party (usually the one which drafted the agreements) is protected from being sued by the other party for damages, loss, negligence, non-performance, etc.

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9
Q

What are scams?

A

Dishonest schemes that involve an unsuspecting consumer who is cheated into paying an excessive amount for goods and services offered while there are no real goods or services. The consumer loses money and gain nothing in return.

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10
Q

What are pyramid schemes?

A

A get-rich-quick money making scheme that takes the form of a pyramid by promising members payments for enrolling more members in the scheme.

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11
Q

Why are pyramid schemes illegal?

A

They are an unsustainable business model in which members are paid to recruit new members, rather than to sell goods and services.

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12
Q

What is an employment contract?

A

The employer offers an employment opportunity and the employee accepts the conditions for a certain salary/wage.

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13
Q

What is an insurance contract?

A

The insurance company offers to compensate the consumer in the event of a loss of insured items in return for a monthly payment of a specified premium.

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14
Q

What is a credit contract?

A

A legal agreement where a credit provider offers to give the consumer money to buy a certain asset if the consumer repays the loan over a set period of time at a set interest rate.

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15
Q

What is a business contract?

A

An agreement made when two entities start a business together.

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16
Q

Name 3 requirements for a contract to be legal.

A

1.Terms that fall within the law must be offered and accepted for a specified legal consideration of value.
2. All parties must be over 18 and mentally sound without the use of force or coercion.
3. The contract must be in writing and signed in front of witnesses.

17
Q

What are the consequences of contract breech?

A

You can be taken to court and legal consequences can be imposed from a fine to jail time depending on the nature of the contract.

18
Q

Give 5 examples of unfair business practices.

A

Taking advantage of customers; misrepresenting a product; faking endorsements and guarantees; giving misleading price information; failing to disclose pertinent information.

19
Q

What is a charity scam?

A

When a thief poses as a real charity in order to get money from you in the form of donations.

20
Q

What is a debt collection scam?

A

Scammers who pose as debt collectors to get you to pay for debts you don’t owe or have already paid off.

21
Q

What are grandparent scams?

A

If you get a call from someone who sounds like a grandchild or relative asking for money or gift cards to help them out, it could be a scam.

22
Q

What is a romance scam?

A

When a new love interest tricks you into falling for them when they really just want your money.

23
Q

What is identity theft?

A

The crime of obtaining the personal and financial information of another person to use their identity to commit fraud, such as making unauthorised transactions or purchases.

24
Q

What are 419 scams?

A

A scam is a scheme in which a sender requests help in facilitating the transfer of a sum of money, generally in an email and from a Nigerian.

25
Q

What is phising?

A

An online scam where the scammer pretends to be someone they are not to trick you into giving them your personal information which they then use to open fraudulent credit cards and accounts in your name. You get stuck paying the debts you never made.

26
Q

What is a lottery scam?

A

An email claiming you have won a large sum of money in a lottery but you need to make a small payment to facilitate the transfer of your winnings. The scammer leaves with your money.

27
Q

What is a credit card scam?

A

The unauthorised use of a credit card to fraudulently obtain money or property. People steal your credit card to do this.

28
Q

What are work from home scams?

A

Deceitful people create false job listings to benefit themselves by stealing your personal information or financial assets.

29
Q

What is a stokvel?

A

An invitation only club of 12 or more people serving as rotating credit unions or saving schemes in SA where members contribute fixed sums of money to a central fund on a regular basis.

30
Q

What is multilevel marketing?

A

A legal form of a pyramid scheme where you sell a physical product AND enrol new members to also sell the same physical product so the people at the top can make more money.