Unit 1 Flashcards
commercial business
provides goods/services with the aim of making a profit
non-commercial business
NFP; puts people and the community ahead of profit
business
organisation that buys and sells goods and services
stakeholders in business
- entrepreneur
- investor
- employer
- employee
- producer
- consumer
- manager
- supplier
- service provider
- government
- local community
interest group
group of people that meet and campaign for a common goal, e.g. through boycotting and lobbying
IBEC
Irish business and employers confederation
ISME
Irish small and medium enterprises association
SIMI
society of the Irish motor industry
Trade union
represents the views and interests of employees in particular industries. aims to protect workers and improve pay and working conditions for members
IFA
Irish farmers association
co-operative relationship
win-win
competitive relationship
win-lose
dependent relationship
need each other for success
dynamic relationship
changes constantly
relationships between stakeholders
- entrepreneur/investor
- consumer/producer
- employer/employee
- producer/producer
- business/government
- business/local community
- business/business
- producer/interest group
contract
a legally binding agreement between two or more parties which is enforceable by law
elements of a valid contract
- agreement
- intention to contract
- capacity to contract
4.consent to contract - consideration
- legality of purpose
- legality of form
agreement
for agreement to exist, there must be a clear, unconditional and complete offer made by one party and accepted by the other party to a contract
invitation to treat
invitation to another person to make an offer
intention to contract
both parties intend to create contract. contract law assumes that all business agreements are intended to be legally binding/ all social agreements are not intended to be legally binding
capacity to contract
everyone has the legal ability to enter into a contract except anyone under 18, and anyone mentally incapacitated
consent to contract
you must enter into a contract voluntarily; invalid if you are under physical pressure or threat, there is a genuine mistake made by either party, either party is dishonest or gives false info
consideration
each party in the contract must give something of value to the other party e.g. money or goods
legality of purpose
legally binding contract must be for legal purpose e.g. cannot have contract to purchase illegal drugs
legality of form
contract must be drawn up in the correct legal format e.g. property contract must be in writing
termination of contract
- performance
- agreement
- frustration
- breach of contract
performance
contract ends if both parties complete their side of the contract exactly as set out in the contract
agreement
both parties mutually agree to end contract even if the purpose is not completed
frustration
contract ends when unforeseen event arises that prevents the completion of the contract e.g. bankruptcy/ extreme weather
breach of contract
ends if one party breaks condition (essential element) of contract
remedies for breach of contract
- compensation
- rescind contract
- specific performance
non-legislative ways of resolving consumer conflict
- negotiation
- letter of complaint
- assistance from 3rd party
negotiation
if consumer is unhappy with a good/service;
1. return to retailer with PoP
2. ask to speak with manager
3. tell retailer how they would like the problem to be solved. retailer can accept or reject or offer alternative
letter of complaint
- outline problem with good/service
- explain how they’d like the problem to be resolved
- include PoP
-retailer can accept, reject or offer alternative
assistance from 3rd party
e.g. CAI, EEC Ireland
CAI
consumer’s association of Ireland; interest group on behalf of consumers. aims to make consumers aware of their rights and receive quality goods at a reasonable price
-operates website
-lobbies the government to improve legislation
ECC Ireland
European consumer centre Ireland; part of EU network of consumer centres
legislative methods of resolving consumer conflict
- sale of goods and supply of services act 1980
- CPA 2007
- CCPC
- ombudsman
- small claims procedure
rights when purchasing a good (SGA)
goods must:
1. be of merchantable quality
2. fit purpose intended
3. be as described
4. match sample shown
rights when purchasing a service (SGA)
right to expect that:
1. supplier is qualified and has skills needed
2. supplier will use proper care and diligence
3. materials used are sound and fit for purpose intended
4. goods provided with service are of merchantable quality
remedies for breaches of the act (SGA)
- refund
- repair
- replacement
retailer’s responsibility (SGA)
- under the act, when a consumer buys goods they have a contract with the seller; seller must resolve issue
- retailer can’t put signs up in their business that gives consumers the impression that they have reduced or limited consumer rights
guarantees (SGA)
states they will repair/replace faulty item within certain time period after purchase. legally binding and enforceable by law. must state goods covered, time frame, claims procedure
second hand goods
should fit purpose intended, but should not be expected to be the same quality as new goods
inertia selling/unsolicited goods
goods sent to someone with a demand for payment, even though the person did not order the goods. this is illegal. person can keep them without payment if the seller has not collected within 6 months
evaluation of SGA
protects consumers, ensures they get valid remedy if good is faulty or does not meet legal standard.
Consumer protection act 2007 (functions)
- misleading descriptions
- aggressive practices
- prohibited practices
- price display regulations
- price controls
misleading descriptions (CPA)
should not advertise goods/services in deceiving way e.g. deliberately misleading/withholding info
aggressive practices (CPA)
cannot harass/coerce consumers into buying a product
prohibited practices
false claims that product can cure illness, promotions/competitions where it costs money to claim prizes, claiming business is closed when it isn’t.
price display regulations (CPA)
gives minister for jobs, enterprise and innovation power to require that price of certain products must be displayed in a particular manner e.g. must include VAT
price controls
can be introduced in emergency situations if approved by government
evaluation of CPA
good for consumers as they receive honest info from retailer, and ensures that they know what they are buying and the price of the item
CCPC
Competition and consumer protection commission: independent body that enforces competition and consumer protection law in Ireland