Law unit 7
TD : Law unit 7. Recherche parmi 300 000+ dissertationsPar Keziah Smadja • 14 Novembre 2018 • TD • 359 Mots (2 Pages) • 457 Vues
- The EU consumer law provides high consumer protection through several directives that have been implemented with the “New Deal for Consumers”:
- Directive on consumer rights
- Provision of the consumer sales and guarantees directive
- Price indicator directive
- The ‘dual food quality’ is a phenomenon that has occurred in the EU, where the quality of certain products differed from a country to another. In other words, some countries’ consumers were treated as ‘second-rate citizens’ in what is supposed to be a single European market.
3) Thanks to the European Commission’s ‘New Deal for Consumers’, businesses will as well benefit from several measures:
- No more legal obligation to accept a returned good if the consumer has used it more then just to try out
- They no longer reimburse a consumer before having the good in hand.
4) The promise made by the parents to their children to give them chocolate if they good behave is not a contract because none of the promises made here (would it be by the parents or the child) are binding. There is no obligation for the parties to fulfil their promise, and there is no contract simply because justice will not be involved if one of the parties fails to do or give what it promised.
5) In English law, a contract is considered as legally binding from the moment both parties have agreed to an obligation, that is to say the moment in which the contract is done and not when the performance is due. That is principally to defend the rights of one party if the other fails its obligation.
6) An international sale contract is subject to principles of international law. The contract indicates that the competent jurisdiction for a legal dispute between two businesses (i.e. a seller and a buyer) is the one (evidently the business court) of the place where the seller has its registered office for any action arising out of or in connection with this contract. Exceptional cases to this principle require the seller to bring its action before the court where the buyer has its registered office.
7) In my opinion this contract is more favorable for the seller = 3.1/3.4/4.1/7.2
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