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)?

To promote and protect the interests of consumers Signup and view all the answers

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

Publicly shame the business Signup and view all the answers

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

Encourage negotiation Signup and view all the answers

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

Misleading pricing information Signup and view all the answers

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

Enforcing consumer law Signup and view all the answers

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

Full refund Signup and view all the answers

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

Full refund Signup and view all the answers

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

All parties have fulfilled their obligations Signup and view all the answers

What occurs when both parties agree to terminate a contract?

Rescind the contract 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?

Rescind the contract Signup and view all the answers

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

Repair the product Signup and view all the answers

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

Sue for financial compensation Signup and view all the answers

What happens when a warranty is breached in a contract?

Compensation can be sought for breaches of warranty. Signup and view all the answers

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

Rescind the contract and refuse the incorrect product Signup and view all the answers

What does frustration in a contract typically involve?

Unforeseen events that prevent contract completion. Signup and view all the answers

What is a condition in the context of a contract?

An essential element of the contract. Signup and view all the answers

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

It is the buyer's responsibility to assess the item critically. Signup and view all the answers

What does seeking specific performance involve?

Requesting a court to enforce the agreement. Signup and view all the answers

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

€2000 Signup and view all the answers

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

€18 Signup and view all the answers

Which of the following is NOT a responsibility of retailers?

Ensure products are always discounted Signup and view all the answers

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

Goods must be as described Signup and view all the answers

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

Goods must meet minimum quality standards Signup and view all the answers

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

Repair or replacement of the product Signup and view all the answers

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

To advise businesses on law implementation 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?

Be aesthetically pleasing Signup and view all the answers

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

They can be returned with no penalty Signup and view all the answers

What kind of intervention does the Small Claims Court support?

Third party intervention Signup and view all the answers

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.