Topic 5- The Consumer Flashcards
a contract
a legally valid agreement between 2+ parties where an offer is made and its terms and conditions are accepted
3 ways to reach an agreement
- oral eg. conversation
- silent eg. accept without dispute
- written eg. agreement in writing with signatures
5 requirements for a binding contract
- all parties must consent to the offer and acceptance
- the agreement cannot be illegal
- agreement and consent must be voluntary
- it must be possible to perform the contractual obligations
- all parties must have capacity to contract (eg be 18yrs+)
breach of contract
when one party fails to perform obligations specified in the contract
3 consequences of a breach of contract
- contract can be cancelled
- a fine or jail sentence may imposed by the court
- guilty party can be sued for damages
3 types of contracts
- insurance policies
- leases
- credit agreements
employment contract
- agreement between employer and employee
- terms and conditions are legally binding
- protects both parties in terms of contractual obligations
- contract must be signed by employer, employee and 2 witnesses
an insurance policy
- agreement between a consumer and an insurance company
- insurance company will compensate consumer in case of loss or damage to insured goods
- consumer pays monthly premium to insurer
a credit agreement
- contact between the consumer and credit provider
- consumer is offered a loan to buy goods on credit and pays the full amount plus interest in the form of monthly installments over a fixed period to the credit provider
2 examples of credit agreements
- mortgage (home loan) : money is borrowed from bank to buy a property and paid back over fixed period (20-30 years)
- hire-purchase : consumer pays a deposit and takes goods, then pays monthly installments until goods are fully paid for
a lease
- an agreement between an owner and a tenant
- tenant takes on the lease of the property for period with fixed rent
- lease specifies conditions, rights and obligations of both parties
purchase and sale agreement
- legal contract between seller and buyer of a property
- offer to purchase becomes a legal purchase and sale agreement after the offer is accepted and signed
- buyer and seller must then comply with terms and conditions in contract
business contract
between parties wanting to start a business
cooling off period
- results from direct marketing
- 5 day period after signing a contract within which consumer can change their mind and cancel the contract without penalty
- supplier must return payments to consumer within 15 days of cancellation
- goods must be returned to supplier
exclusion clauses
contract provisions in which a party’s liability is limited if they do not fulfill their contractual obligations
unfair business practices
includes unfair, unreasonable or unjust treatment of the consumer by a supplier
examples:
1. high and unreasonable prices for goods and services
2. false advertising
3. committing fraud
a warranty
seller’s written promise that a product is reliable and free of defects
if a product breaks or becomes faulty it will be repaired or replaced
a guarantee
manufacturer’s written promise that the quality and durability of a product will comply with certain standards for a given length of time
if not, money will be refunded
grey goods
-articles sold without manufacturers’ permission
- not illegal
import duties ARE paid
scams
- false and dishonest business transactions
- often linked to organised crime
- scammers make use of email, telephone, SMS
- anyone is targeted