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Measures to enhance consumer rights and make them easier to understand, which will also boost the economy by £4 billion over the next decade, are outlined in this draft Consumer Rights Bill. The proposals streamline overlapping and complicated areas from eight pieces of legislation into one consumer Bill. They also introduce new rights for consumers and businesses. Currently consumers spend more than 59 million hours a year dealing with goods and services problems. The Bill provides clarity in areas such as digital content, services and goods. Under the draft Bill consumers will have the right to: get some money back after one failed repair of faulty goods (or one faulty replacement); demand that substandard services are redone or failing that get a price reduction; get a repair or a replacement of faulty digital content such as film and music downloads, online games and e-books. The draft Bill also proposes a set 30 day time period for when consumers can return faulty goods and get a full refund. New measures in the draft Bill that will benefit businesses include: a new requirement for enforcers such as Trading Standards Officers to give reasonable notice to businesses when carrying out routine inspections, reducing costs to business; faster and lower cost remedies for businesses who have been disadvantaged from breaches in competition law; a reduction in on going training costs - businesses will spend less time understanding their obligations or considering different scenarios when training staff.
The Government's draft Consumer Rights Bill has the potential to consolidate, simplify and modernise consumer law however issues and inconsistencies must be resolved. The current proposals would apply a statutory right that services under a contract must be provided with reasonable care and skill [a fault-based standard]. This does not provide sufficient consumer protection. The Draft Bill should require that services must achieve the stated result, or one which could be reasonably expected [an outcomes-based standard]. As the Bank of Ireland case demonstrated, the right to terminate a contract does not necessarily protect consumers from detriment. This report recommends an addition to the grey list - the indicative list of contract terms which may be regarded as unfair. The Government's proposals for enhanced consumer measures, which would require traders that have breached consumer law to compensate consumers, are welcome. However, private enforcers should also be able to use them. The collective proceedings regime has the potential to improve access to redress for victims of competition law breaches but the Government must clarify the certification requirements for such proceedings. The creation of rights and remedies for digital content is welcome, but the Government must do more to communicate how the proposals will work in practice. Under the draft Bill, the remedies available to consumers of digital content would depend on whether the content is intangible (such as a music download) or tangible (such as a CD). In appropriate circumstances, consumers should have the right to reject and obtain a refund irrespective of whether they purchase intangible or tangible digital content
The Government's draft Consumer Rights Bill has the potential to consolidate, simplify and modernise consumer law however issues and inconsistencies must be resolved. The current proposals would apply a statutory right that services under a contract must be provided with reasonable care and skill [a fault-based standard]. This does not provide sufficient consumer protection. The Draft Bill should require that services must achieve the stated result, or one which could be reasonably expected [an outcomes-based standard]. As the Bank of Ireland case demonstrated, the right to terminate a contract does not necessarily protect consumers from detriment. This report recommends an addition to the grey list - the indicative list of contract terms which may be regarded as unfair. The Government's proposals for enhanced consumer measures, which would require traders that have breached consumer law to compensate consumers, are welcome. However, private enforcers should also be able to use them. The collective proceedings regime has the potential to improve access to redress for victims of competition law breaches but the Government must clarify the certification requirements for such proceedings. The creation of rights and remedies for digital content is welcome, but the Government must do more to communicate how the proposals will work in practice. Under the draft Bill, the remedies available to consumers of digital content would depend on whether the content is intangible (such as a music download) or tangible (such as a CD). In appropriate circumstances, consumers should have the right to reject and obtain a refund irrespective of whether they purchase intangible or tangible digital content
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Clear, authoritative, and user-friendly, giving you a firm, comprehensive, and contextual understanding of the law of contract, Key features, Case summaries and extracts throughout keep your focus on the important cases, Key points boxes allow you to check your understanding as you learn and revise, Further reading guides you towards the most relevant texts and articles, Examples and questions encourage you to deepen your understanding and apply what you've learnt Book jacket.
A clear and non-technical account of contract law, ideal for university students new to the study of law.
Card & James' Business Law is the most detailed and analytical account of business law for those new to the subject. It provides commanding analysis of the English legal system, contract law, tort law, and commercial law together with coverage of company law, and the relevant aspects of employment law. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features which have been incorporated throughout make a difficult subject more accessible and support study; key case, example, and discussion boxes demonstrate the application of law and highlight core principles, whilst self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and quarterly audio updates. Also included is a testbank of MCQs for lecturer use.
'Casebook on Contract Law' provides students with a comprehensive selection of the cases most likely to be encountered on contract law courses and is specifically designed to meet their needs.