resolving conflict in the marketplace Flashcards
contract
a legally binding agreement between 2 or more parties which is enforceable by law
elements of a valid contract
agreement
intention to contract
capacity to contract
consent to contract
consideration
legality of purpose
legality of form
agreement
clear ,unconditional offer made by one party and accepted by the other party to a contract
orally or writing
intention to contract
both parties intend to create a legally binding contract
all business agreements are intended to be legally binding
all social and private agreements are not intended to be legally binding
capacity to contract
all people and businesses have the legal ability to enter into a contract except for
u18s and people who are mentally incapacitated
consent to contract
contract is invalid if
a party is put under physical pressure or threatened
genuine mistake is made by either party to the contract
either party is dishonest and gives false information to encourage another party to enter
consideration
each party in the contract must give something of value to the other party
both parties must gain from the contract
legality of purpose
must be created for a legal purpose
legality of form
contracts must be drawn up in correct legal form
sale of goods and supply of services act 1980
right of consume when purchasing a good
right of consumer when purchasing a service
remedies for breach of act
retailers responsility
guarantes
second hand goods
inertia/unsolicited goods
consumer protection act 2007
misleading descriptions
aggresive practices
prohibited practices
price display regulations
price control
CCPC
independent body that enforces competition and consumer protection law in ireland
functions of CCPC
informs consumer of their rights
investigates breaches
advises government
provide financial information and education
enforces product safety regulations