What is the effect of the European Directive 1999/44/EC?
What is the effect of the European Directive 1999/44/EC? In 1999 the European Parliament and Council of the European Union passed Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. It relied upon Article 153(1) and (3) of the Convention, which states "the Community should contribute to the achievement of a high level of consumer protection by the measures it adopts." The Directive required Member States to implement it into their National Law. The Directive was designed to give consumers across Europe a minimum standard of rules that would strengthen consumer confidence and enable consumers to make the most of the internal market. The 2002 Regulations have been implemented in 4 major pieces of legislation. The Sale of Goods Act 1979 (SGA), the Supply of Goods and Services Act 1982 (SGSA), the Supply of Goods (Implied Terms) Act 1973 and the Unfair Contract Terms Act 1977 have all had provisions inserted. In general the Regulations deal with consumer remedies for faulty goods and consumer guarantees. To assess the impact of the 2002 Regulations it is necessary to examine the provisions it implemented into UK law. If we compare these new regulations to the pre-regulations system we can identify the benefits consumers gain from these new regulations. We can establish whether the new regulation rights are different to the already
company law
Introduction There have been many instances where the English courts were asked to disregard the corporate personality of a company. However the courts have shown great reluctance to pierce the corporate veil. This article will give a brief understanding of the limited liability rule and the rational of the courts in piercing the corporate veil. It will also provide some comparative studies of different jurisdiction mainly U.S, U.K, Australian looking at the same matter of piercing the corporate veil. Critical analyses as to whether it is healthy for the English courts to have such reluctance in piercing corporate veil are also included in this article. Suggestions of another rule and clarifications on the prevailing rule will also be included. Society needs successful businesses, but today business is taking over society. It's as if an over-indulged child had taken more and more liberties until it is entirely out of control. Everyone wants the child to do well, no boundaries are set, and before you know it the family is under the thumb of a teenager gone wild.1 Businesses or more specific corporations were described as over-indulged children. Who or in fact what mollycoddled them? Limited liability being imposed on the members of the company (shareholders, directors, promoters and subscribers) has given rise to economic crisis. Companies collapsed as a result of earlier
Misrepresentation and Breach of Contract
Misrepresentation and Breach of Contract The distinctions between the two legal issues of misrepresentation and breach of contract are dependant on whether the pre-contractual statement was made on the basis of a representation, or on a promise or obligation to be fulfilled. These are radically different when it comes to remedying the damage caused by one party against another. A breach of contract would put the claimant back into the position had there not been a breach, and any damages would put the claimant where he/she would had expected to be in. However, if there is an actionable misrepresentation, the claimant would be returned to the position had there not been a misrepresentation, thus being compensated prior to the misrepresentation, i.e. as if there had been no contract at all. The effect of an actionable misrepresentation is to make the contract voidable. The Misrepresentation Act 1967 has expanded the remedies for a breach of contract, and has therefore become an alternative claim for the party who has suffered a loss. When deciding whether the statement is a representation or a promise, intention of the parties cannot be said to furnish a decisive test (Heilbut, Symons & Co. v. Buckleton)1. The distinction is dependant on three main factors relating to the intentions of the statements themselves - the importance attached to the statement, the assurance or
The criminal law does little to protect a buyer at auction. Instead, this principal means of recourse is through the civil law - Discuss with particular reference to the misattribution of works of art and antiquities.
INSTITUTE OF ART AND LAW Preperatory Certificate in Art Law Assignment 3: Auction Law Katharina v. Boehm Sophienstr. 25 0178 Berlin Germany Question: The criminal law does little to protect a buyer at auction. Instead, this principal means of recourse is through the civil law. Discuss with particular reference to the misattribution of works of art and antiquities. I. Introduction The question of the legal protection of the buyer in an auction requires the examination of both criminal law and civil law relating to this question. II. Criminl liability of the auctioneer .) 1968 Trade Descriptions Act and especially the interpretation givent to it by May v. Vincent Section 1 of the Trade Descriptions Act 1968 lays down two basic offences s. 1 (1) (a) punishes the person who appliesa false trade description to any goods in the course of a trade or business. s. 1 (1) (b) punishes the person who supplies or offers to supply goods to which a false trade description is applied. The consequence is strict liability. Thus, these provisions are designed to catch both, appliers and suppliers of trade descriptions. Although the sale of works of art or antiquities was not primariliy in the mind of the legilature when the Act was passed in 1968, the courts addressed the art world in May v. Vincent.1 2.) Criminal liability of members of auction rings according to the
AN INTRODUCTION TO CONTRACT LAW
AN INTRODUCTION TO CONTRACT LAW Report by Karen Harper (Trainee Company Secretary) Introduction I have recently joined the company as a Trainee Secretary and as part of my induction I have been set a task to demonstrate my understanding of Contract Law. The Company Secretary has requested that I cover three areas: . Discuss on what basis a contract is deemed to be valid. 2. Select at least three terms that could appear in a contract with an artiste and explain the significance to the company. 3. Assess the validity of two clauses included in an artistes contract. This report has been presented in an informal format as it is hoped that it may prove useful at a later date to provide an insight into Contract law for those who are unfamiliar with this area. This idea was conceived whilst conducting research for this project, as most of writings on Contract Law are to say the least, a little heavy going with legal jargon and complex terms. Such text only disguises the true meaning of this area of Law and makes it even less comprehensible to those who have not studied or used it on a frequent basis. I am to cover each of the areas individually by explaining they're meaning, and then giving a basic overview of each. Discuss On What Basis A Contract Is Deemed To Be Valid The Oxford Dictionary of law describes at Contract as " A legally binding agreement. Agreement arises as
The Law of E-Commerce
The Law of E-Commerce English law has long been recognized as respecting freedom of contract. In other words, the state has not, generally, laid down legislation which has interfered with the freedom of parties to agree the terms of their contracts. In more recent years, there have been a number of inroads into the principle of freedom of contract, particularly with respect to consumer protection. It very much remains the case that English law does provide parties with considerable flexibility both as how they conclude contracts and the terms that they include. Offer and acceptance In order for a contract to be binding under English law it requires an offer, acceptance, intention to create legal relations, consideration and capacity. With regard to electronic commerce, the contractual requirements need careful consideration. Offer A supplier offers an unconditional offer which could be accepted by any potential customer. If the customer informs the supplier that he or she accepts the offer ,there will be a binding contract. On the other hand, the supplier could provide to the customer what is known in legal terms as an "invitation to treat". This is not a binding offer, but an "invitation" for the customer to make an offer, which the supplier can then accept. It is very important for suppliers wanting to sell goods through on line to ensure that their websites
1.0) Introduction
.0) Introduction In English law, consideration is one of the characteristic of contract law. Historically, the Statute of Frauds 1677 required that certain classes of contract be evidenced in writing. However, consideration is no longer required for specialty contracts. According to section 1(2) and 1(3) of the Law of Property ( Miscellaneous Provisions Act) 1989, there must be some conduct on the part of the person executing the deed to show he intends to bound by it but later this requirements of seal was abolished by section 1(1)(b) of this Act. A promise made without consideration is generally not enforcable. For example, a saleman promises not to sell a motorcycle over the weekend, but does so. The promise cannot be enforced. If however, the salesman accepts £100 in 'consideration' for the promise, the promise is capable of binding effect and therefore enforcable in court. Thus, estoppel is one of the exceptions to this rule. Promissory estoppel is the doctrine that prevents a party from acting in a certain way because the first party promised not to, and the second party relied on that promise and acted upon it. The underlying purpose was to prevent injustice which as a result of strict adherence to the law. In Woodhouse AC Israel Cocoa Ltd SA v Nigerian Produce Marketing Co Ltd, Lord Hailsham of St Marylebone LC said: 1 "I desire to add that the time may soon come
Privity of contact rule
"Greed and selfishness do not need to be learned, they are there from childhood," says an old proverb.1 This is likely to be true even today; material interests constantly appeal to people's greed to seek profits, by all means, especially where there is a contract involving money, even if they are not directly contractual parties. On the other hand, stable companies are being destabilised by deceitful people who deliberately break out their contractual obligations by cunningly exploiting some weaknesses in the present legal system relating to the law of contract. In 'England and Wales alone 2,383 cases were set down for trial in Queen's Bench Division during the year 2001, cases involving claims for breach of contract.'2 To help judges to deal with this problem, some guidelines have been established known as 'privity of contact rule' and recently 'Rights of Third Parties Act 1999.'3 What is the essence of the doctrine of privity and how effective is this new Act of Parliament? The first part of this coursework addresses this issue. The doctrine of privity has long been regarded as one of the fundamental characteristics of the English law of contract. The essence of this doctrine is the idea that only those who are parties to a contract can have rights or liabilities under it. The underlying thought is the classical two-party bargain concept, which 'requires that only two
Before Katie enters into a contract with her builders its important that she is aware of the different types of business agreements available to her that will safeguard her interests. The agreements can be unilateral, bilateral and standard from c
CASE 1 a) Before Katie enters into a contract with her builders it's important that she is aware of the different types of business agreements available to her that will safeguard her interests. The agreements can be unilateral, bilateral and standard from contract. I will now explain to Katie in detail the use of each of these agreements mentioned above and I will advise Katie which agreement is most suitable for her. Standard Form Contract; is a document prepared by many large organisations such as mobile phone operators, gas and electricity suppliers etc...This type of contract allows the large organisations to set out the terms on which they contract with the customers. The customer usually must either take it or leave it if they don't' agree to the terms. It leaves the customer no bargaining power at all. A unilateral contract is where all the terms come from one party. In general adverts for return of lost property for reward are thought of as being "unilateral contracts". A bilateral agreement is where the terms of the contract come from both parties involved. Bilateral agreement can be drawn between two individuals, between one individual and a company or between two companies. A bilateral agreement is the most suitable contract for Katie and her builders. This type of agreement gives Katie the freedom to set her own terms as well as indulge the builders to set
Law of Contract
2. Terms, whether expressly agreed upon by the parties or implied by the courts generally fall into two categories, conditions and warranties, each of these holds a varying degree of importance within the basis of a contract. A condition is a major term in a contract, one which is regarded as embodying the root of the contract and a warranty is a minor term or promise, one which is regarded as ancillary to the main body of the contract. When a condition is beached it constitutes a fundamental breach of the contract and entitles the injured party to claim for damages and also to treat the contract as terminated1; however, breach of a warranty is remediable only by an action for damages, subject to any contrary provision in a contract.2 When demonstrating the fundamental distinction between a condition and a warranty it is preferable to contrast two cases with comparable facts. In the case of Poussard v Spiers and Pond (1876) 1 QBD 4103, this case was lost as it was held that the opening night was regarded as being of primary importance and an absence amounted to a breach of condition which entitled the producers to discharge from the contract. However, the contrasting differences in conditions and warranties can be illustrated by the case of Bettini v Gye (1876) 1 QBD 1834, the producers sought to terminate the contract on the justification that the singer's absence from
