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Nguồn: http://phantu2010.violet.vn
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Ngày gửi: 21h:55' 06-06-2009
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Nguồn: http://phantu2010.violet.vn
Người gửi: Phan Hồng Tư (trang riêng)
Ngày gửi: 21h:55' 06-06-2009
Dung lượng: 81.5 KB
Số lượt tải: 10
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Case study: “Consumer protection”.
Under UK law, customers have the same powers as in any other types of commerce. The government is also longing to change existing regulations to help to clear up any obscurity in present law to help trade and ultimately customer protection. These acts and rules are the next:
1) The Data protection act 1998;
2) The Customer protection act 1998;
3) British codes of advertising and sales promotion;
4) The Distance selling laws 2000;
5) The Unfair contract act 1977 and 1999 laws;
6) The Sales of goods act 1979;
7) The Customer credit act 1974;
8) The Commerce presentation act 1968.
So at the very beginning, a basic question in customer protection: who is the customer? The idea of the customer in legislation is of recent spring. The great part of law is still included in the Civil Code written in the late 19th century on the sample of the Code Napoleon. The Code still today gives the great part of the regulations governing agreements in general, the agreement of selling and the supply of services. It will hence come as no surprise that the concept of customer protection and the body of the customer had not yet been favourably identified or created at that point. The word “consumer” is noticeably missing from the Code which did not and still does not identify the notion of the customer as such. Much of the primary Code is still in its original form and some of its regulations do not depict the present, complex, active society of preset time, and sound ancient both in concept and in notion.
In the regulation of sale, to take simply one significant example, the Code admits the figures of the seller and the purchaser. With the exclusion of some old customary regulations safeguarding the position of under aged, women and weak-minded persons , all consumers are regarded and treated equally and similarly by the Civil Code. This guaranteed a minimum degree of protection in the kind of the Roman law-derived assurances in the regulations governing the agreement of sale. The first of these guarantees corresponds to peaceful ownership; this safeguards the accurate passage of possession rights and sequential enjoyment of the product being bought. Secondly, the guarantee against latent faults gives a consumer an alternative between two remedies when a product bought suffers from a significant damage which renders it fragmentary or total useless.
Customer means any natural individual who, in the contracts introduced in these laws, is acting for objectives which are outside his commerce, business or profession;
Customer insurance denotes any undertaking to a customer by an individual acting in the course of his affair, given without additional charge, to compensate the cost paid or to replace, overhaul or handle consumer product in any way if they do not meet the requirements set out in the guarantee section or in the appropriate advertising;
The Seller denotes the person, corporation or firm on whom an order is set.
Products denote the items ordered under a request and `delivery order` denotes any order, call off comment or other order made by or on behalf of the firm for delivery of all or portion of the products.
Consumer regulation covers agreement, tort, customer credit, and consumer security. Each of these regions has seen great changes in the methods business is done, in general as a result of changing technology, allowing people to purchase goods and services in new methods, including with the help of the internet. That technology can, in itself, be the reason of difficulties, where it goes wrong, or where providers have inadequate methods to deal with buyer. Both providers and consumers need information on how to deal with the questions that arise.
Sale of products to a consumer.
In Britain the sale of products is governed by the Sale of Products Act 1979 (as amended by the Sale and Supply of Products Act 1994 and the Sale of Products (Amend) Act 1995 ("SGA 1979").
Responsibilities of the parties.
It is the responsibility of the salesman to deliver the products and of a consumer to obtain and pay for them in consequence with the conditions of the contract. Therefore the salesman must be ready and willing to give ownership of the products in exchange for the purchase cost and the consumer must be ready and willing to disburse for the products. These responsibilities are basic and failing by either side to perform them gives the innocent party to abolish the contract and bring for faults. The responsibilities of the sides are further determined by the conditions of the contract and conditions, which can be meant by law.
Contractual conditions.
Express conditions, are oral or written conditions admitted between the parties. Often express conditions are a salesman’s norm terms and conditions, which are included into contracts for the sale of products. In buyer sales, should a firm wish to rest on their norm terms and conditions, they should provide that these are brought to the buyer`s consideration, agreed (especially if they are onerous to the customer) and are adequate.
Implied conditions.
Included into all agreements for the sale of products whether the standard purchases from a retailer by the customer or within business sales are
Under UK law, customers have the same powers as in any other types of commerce. The government is also longing to change existing regulations to help to clear up any obscurity in present law to help trade and ultimately customer protection. These acts and rules are the next:
1) The Data protection act 1998;
2) The Customer protection act 1998;
3) British codes of advertising and sales promotion;
4) The Distance selling laws 2000;
5) The Unfair contract act 1977 and 1999 laws;
6) The Sales of goods act 1979;
7) The Customer credit act 1974;
8) The Commerce presentation act 1968.
So at the very beginning, a basic question in customer protection: who is the customer? The idea of the customer in legislation is of recent spring. The great part of law is still included in the Civil Code written in the late 19th century on the sample of the Code Napoleon. The Code still today gives the great part of the regulations governing agreements in general, the agreement of selling and the supply of services. It will hence come as no surprise that the concept of customer protection and the body of the customer had not yet been favourably identified or created at that point. The word “consumer” is noticeably missing from the Code which did not and still does not identify the notion of the customer as such. Much of the primary Code is still in its original form and some of its regulations do not depict the present, complex, active society of preset time, and sound ancient both in concept and in notion.
In the regulation of sale, to take simply one significant example, the Code admits the figures of the seller and the purchaser. With the exclusion of some old customary regulations safeguarding the position of under aged, women and weak-minded persons , all consumers are regarded and treated equally and similarly by the Civil Code. This guaranteed a minimum degree of protection in the kind of the Roman law-derived assurances in the regulations governing the agreement of sale. The first of these guarantees corresponds to peaceful ownership; this safeguards the accurate passage of possession rights and sequential enjoyment of the product being bought. Secondly, the guarantee against latent faults gives a consumer an alternative between two remedies when a product bought suffers from a significant damage which renders it fragmentary or total useless.
Customer means any natural individual who, in the contracts introduced in these laws, is acting for objectives which are outside his commerce, business or profession;
Customer insurance denotes any undertaking to a customer by an individual acting in the course of his affair, given without additional charge, to compensate the cost paid or to replace, overhaul or handle consumer product in any way if they do not meet the requirements set out in the guarantee section or in the appropriate advertising;
The Seller denotes the person, corporation or firm on whom an order is set.
Products denote the items ordered under a request and `delivery order` denotes any order, call off comment or other order made by or on behalf of the firm for delivery of all or portion of the products.
Consumer regulation covers agreement, tort, customer credit, and consumer security. Each of these regions has seen great changes in the methods business is done, in general as a result of changing technology, allowing people to purchase goods and services in new methods, including with the help of the internet. That technology can, in itself, be the reason of difficulties, where it goes wrong, or where providers have inadequate methods to deal with buyer. Both providers and consumers need information on how to deal with the questions that arise.
Sale of products to a consumer.
In Britain the sale of products is governed by the Sale of Products Act 1979 (as amended by the Sale and Supply of Products Act 1994 and the Sale of Products (Amend) Act 1995 ("SGA 1979").
Responsibilities of the parties.
It is the responsibility of the salesman to deliver the products and of a consumer to obtain and pay for them in consequence with the conditions of the contract. Therefore the salesman must be ready and willing to give ownership of the products in exchange for the purchase cost and the consumer must be ready and willing to disburse for the products. These responsibilities are basic and failing by either side to perform them gives the innocent party to abolish the contract and bring for faults. The responsibilities of the sides are further determined by the conditions of the contract and conditions, which can be meant by law.
Contractual conditions.
Express conditions, are oral or written conditions admitted between the parties. Often express conditions are a salesman’s norm terms and conditions, which are included into contracts for the sale of products. In buyer sales, should a firm wish to rest on their norm terms and conditions, they should provide that these are brought to the buyer`s consideration, agreed (especially if they are onerous to the customer) and are adequate.
Implied conditions.
Included into all agreements for the sale of products whether the standard purchases from a retailer by the customer or within business sales are
 







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