Consumer Protection Chapter 2 - Resolving Conflict
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Questions and Answers

What does the Consumer Protection Act 2007 prohibit?

  • Honest advertising
  • Fair competition among businesses
  • False and misleading advertising (correct)
  • All forms of pricing strategies
  • Which agency is responsible for enforcing consumer law?

  • National Trade Association
  • Fair Trade Council
  • Consumer and Competition Protection Commission (CCPC) (correct)
  • Office of the Ombudsman
  • What type of practices does the Consumer Protection Act aim to prohibit?

  • Friendly sales techniques
  • Business collaborations
  • Innovative advertising
  • Aggressive practices (correct)
  • What is one of the roles of the Consumer and Competition Protection Commission (CCPC)?

    <p>To promote and protect the interests of consumers (A)</p> Signup and view all the answers

    Which of the following is NOT a method for resolving complaints mentioned?

    <p>Publicly shame the business (D)</p> Signup and view all the answers

    Which of the following actions does the CCPC take for non-legislative complaint resolution?

    <p>Encourage negotiation (D)</p> Signup and view all the answers

    What does the term 'false prices' pertain to in the context of consumer protection?

    <p>Misleading pricing information (A)</p> Signup and view all the answers

    Which of the following is a legislative function of the CCPC?

    <p>Enforcing consumer law (A)</p> Signup and view all the answers

    What is the consumer entitled to if a repair is deemed unsatisfactory?

    <p>Full refund (D)</p> Signup and view all the answers

    What remedy is available if the goods are not of merchantable quality?

    <p>Full refund (A)</p> Signup and view all the answers

    What does 'performance' imply in the context of a contract?

    <p>All parties have fulfilled their obligations (D)</p> Signup and view all the answers

    What occurs when both parties agree to terminate a contract?

    <p>Rescind the contract (A)</p> Signup and view all the answers

    What can a consumer do if a condition of the contract is broken, like receiving the wrong color item?

    <p>Rescind the contract (A)</p> Signup and view all the answers

    Which of the following is NOT considered a remedy for breach of contract?

    <p>Repair the product (C)</p> Signup and view all the answers

    What is the potential action if financial loss is incurred due to breach of contract?

    <p>Sue for financial compensation (D)</p> Signup and view all the answers

    What happens when a warranty is breached in a contract?

    <p>Compensation can be sought for breaches of warranty. (A)</p> Signup and view all the answers

    If a product received does not match the one ordered, what can the consumer do?

    <p>Rescind the contract and refuse the incorrect product (B)</p> Signup and view all the answers

    What does frustration in a contract typically involve?

    <p>Unforeseen events that prevent contract completion. (A)</p> Signup and view all the answers

    What is a condition in the context of a contract?

    <p>An essential element of the contract. (B)</p> Signup and view all the answers

    What does the term 'caveat emptor' imply for consumers?

    <p>It is the buyer's responsibility to assess the item critically. (B)</p> Signup and view all the answers

    What does seeking specific performance involve?

    <p>Requesting a court to enforce the agreement. (A)</p> Signup and view all the answers

    What is the maximum claim amount that the Small Claims Court can handle?

    <p>€2000 (A)</p> Signup and view all the answers

    What is the cost to bring a case to the Small Claims Court?

    <p>€18 (C)</p> Signup and view all the answers

    Which of the following is NOT a responsibility of retailers?

    <p>Ensure products are always discounted (D)</p> Signup and view all the answers

    Which of the following is a requirement under the Sale of Goods and Supply of Services Act 1980?

    <p>Goods must be as described (C)</p> Signup and view all the answers

    What is meant by 'merchantable quality' in relation to goods?

    <p>Goods must meet minimum quality standards (B)</p> Signup and view all the answers

    What are consumers entitled to when a fault is found in a product?

    <p>Repair or replacement of the product (D)</p> Signup and view all the answers

    What is one of the main advisory roles of the agency dealing with businesses?

    <p>To advise businesses on law implementation (B)</p> Signup and view all the answers

    Which of the following is NOT a condition that goods must satisfy according to the Sale of Goods and Supply of Services Act?

    <p>Be aesthetically pleasing (A)</p> Signup and view all the answers

    Under what condition are unsolicited goods permissible in relation to consumer rights?

    <p>They can be returned with no penalty (B)</p> Signup and view all the answers

    What kind of intervention does the Small Claims Court support?

    <p>Third party intervention (B)</p> Signup and view all the answers

    Flashcards

    Consumer Protection Act 2007

    A law protecting consumers from unfair practices.

    False Description

    Providing inaccurate or misleading information about a product or service.

    False Prices

    Setting prices deceptively or misleadingly.

    Code of Practice

    Guidelines for fair business conduct.

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    Misleading Advertising

    Advertising that gives a false or misleading impression.

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    Aggressive Practices

    Purchasing from consumers in an aggressive way.

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    CCPC (Consumer and Competition Protection Commission)

    Agency responsible for consumer protection, enforcing laws, and promoting consumer interests in a market.

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    Resolving Complaints

    Processes for addressing consumer issues, using both legislative and non-legislative measures.

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    Frustration of Contract

    A legal concept where a contract becomes impossible or impractical to fulfill due to an unforeseen event, like a fire, death, or bankruptcy.

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    Breach of Contract

    When one party fails to uphold their obligations as defined in the contract.

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    Condition (in a contract)

    An important or essential element of a contract. If a condition is not met, it can lead to a breach of contract.

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    Specific Performance

    A legal remedy where a court orders a party to fulfill their part of the contract, rather than simply paying damages.

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    Termination of Contract

    The ending of a contract, making it no longer legally binding.

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    What does a consumer have the right to if a repair isn't satisfactory?

    A consumer has the right to a full refund if the repair is not satisfactory.

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    What is a replacement?

    A replacement means getting a completely new product if the fault is serious.

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    When is a full refund entitled?

    A full refund is entitled if the goods are not of merchantable quality, as described, fit for purpose or as described.

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    What is the outcome of 'Performance' in a contract?

    Performance means all parties have completed their agreed obligations, fulfilling the contract.

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    What does it mean to 'Terminate a Contract by Agreement'?

    Both parties mutually agree to end the contract, regardless of whether the purpose was achieved.

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    What is 'Rescinding (Cancelling) a Contract'?

    If a condition of the contract is broken, the other party can cancel the contract and refuse to fulfill their obligation.

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    How can someone sue for financial compensation?

    Someone can sue for losses incurred by the other party's breach of contract.

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    What's a 'Remedies for Breach of Contract'?

    These are actions taken when a contract is broken, like cancelling or seeking compensation.

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    Sale of Goods and Supply of Services Act 1980

    This act sets out the rights of consumers when buying goods or services. It ensures that goods are of merchantable quality, fit for purpose, as described, and have legal ownership. Services must be provided with due care and diligence and using goods of merchantable quality.

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    Merchantable Quality

    Goods must be of a satisfactory standard and quality, considering their description, price, and other relevant factors. They should not be faulty or defective.

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    Fit for Purpose

    Goods must be suitable for the purpose they are intended for, as advertised or reasonably expected by the consumer.

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    As Described

    Goods must match the description provided in advertising, labeling, or through the seller. This includes features, specifications, and quality.

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    Legal Ownership and Quiet Possession

    The seller must have the right to sell the goods and the buyer must have the right to possess them without interference.

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    Consumer Rights

    Consumers have the right to expect goods to be of merchantable quality, fit for purpose, and as described. They also have the right to receive fair treatment in the marketplace, including dealing with complaints.

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    Retailer Responsibilities

    Retailers have a responsibility to ensure that goods are of merchantable quality, fit for purpose, and as described. They must also deal with customer complaints effectively and treat customers fairly.

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    What are some ways to resolve a complaint?

    Consumers can resolve complaints through various methods such as seeking a repair, a refund, or engaging in mediation or litigation. They can also make a complaint to the CCPC (Consumer and Competition Protection Commission) for support.

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    Illegal Signs

    Retailers must not use misleading or false signs in advertising or displaying information. This includes inaccurate prices, quantity, or quality claims.

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    Guarantees

    These are written promises from the seller that a product will perform as expected for a certain period. They offer consumers extra protection beyond their statutory rights.

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    Study Notes

    Chapter 2 - Resolving Conflict (Market Place)

    • Consumer Protection Act 2007: This act prohibits false descriptions, false prices, misleading advertising, and aggressive practices.
    • Consumer and Competition Protection Commission (CCPC): This agency promotes and protects consumer interests, enforces consumer law, investigates business offenses, advises businesses on law implementation, and advises decision-makers on new legislation.
    • Resolving Complaints (Non-Legislative): Methods include negotiation, letter of complaint, and third-party intervention.
    • Resolving Complaints (Legislative): Methods include filing complaints with the CCPC, Office of the Ombudsman, and Small Claims Court (claims up to €2000).

    Sale of Goods and Supply of Services Act 1980

    • Rights of Consumers: Goods must be merchantable quality, fit for purpose, as described, and with legal ownership and possession. Services must be provided with necessary skills, due care, and of merchantable quality.
    • Responsibilities of Retailers: Retailers must address defects, respect consumer rights, and deal with complaints appropriately. Illegal signs are prohibited.
    • Remedies: Repairs, replacements, or refunds are available for unsatisfactory goods or services as determined by the business.

    Law of Contract

    • Offer: Can be verbal, written, or implied.
    • Acceptance: Agreement to all terms of the offer. Can be verbal, written, or implied.
    • Consideration: Exchange of something of value between parties.
    • Intention to Contract: Both parties intend to create binding agreement. This is generally present for business transactions, not necessarily social agreements.
    • Legality of Form: Some contracts need to be in writing for legal enforcement, such as for buying a house.
    • Capacity to Contract: Parties must be of sound mind and not under influence, and have legal capacity to contract.
    • Consent to Contract: Each party enters a contract voluntarily without pressure. False information voids the contract.
    • Legality of Purpose: Contracts must have a legal purpose; illegal contracts are unenforceable.
    • Breach of Contract: If a party to a contract breaks a condition, the other party may take steps to resolve (rescind, sue for financial compensation, seek specific performance).
    • Termination of Contract: A contract can end through performance, agreement, frustration, or breach.

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    Description

    This quiz explores key aspects of the Consumer Protection Act 2007 and the Sale of Goods and Supply of Services Act 1980. It covers consumer rights, complaint resolution methods, and the role of the Consumer and Competition Protection Commission (CCPC). Test your knowledge on how consumer interests are protected in the marketplace.

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