Resolving conflict in the marketplace

Question 1

Contract?

Answer 1

A legally binding agreement between two or more parties.

Question 2

Elements of a valid contract?

Answer 2

Agreement, Intention. capacity, consent, consideration, legality of purpose, legality of form.

Question 3

Termination of a contract?

Answer 3

1. Performance: when both sides complete their side of the contract
2. Agreement: When both parties agree to end even if the purpose of
   the contract is not complete.
3. Frustration: Contract ends when an unforeseen event occurs.
4. Breach: When one party breaks their side of the contract.

Question 4

Non-Legislative methods to solve consumer conflict.

Answer 4

1. Negotiation, 2. Writing a Letter of Complaint and 3. Assistance from a Third Party.

Question 5

Negotiation?

Answer 5

If a consumer is unhappy with a good they purchased , they should:
1. Return to the retailer with a proof of address e.g reciept.
2. Ask to speak to a manager and state the problem.
3. Tell the retailer how they want it to be resolved>

Question 6

Writing a Letter of Complaint?

Answer 6

If a consumer is unable to speak or visit a retailer they should send an email and should:
1. Outline the problem with the good or service.
2. Explain how they would like it to be resolved.
3. Include copies of any proof of purchase.

Question 7

Legislative methods to solve consumer conflict.

Answer 7

1. Sale of goods and supply of services act 1980, 2. Consumer Protection act 2007,
2. CCPC, 4. Ombudsman and 5. Small Claims Procedure.

Question 8

Rights of consumer when purchasing a good?

Answer 8

1. Must be of merchantable quality.
2. Goods must be fit for purpose.
3. Goods must be as described.
4. Goods should match the sample shown.

Question 9

Rights of consumers when purchasing a service?

Answer 9

1. The supplier is qualified and skilled for the job.
2. The supplier provides the service with proper care and diligence.
3. The materials used are fit for purpose.
4. Goods provided for part of service must be of merchantable quality.

Question 10

Remedies for breach of the Act?

Answer 10

1. Refund: If the fault is a major one e.g a washing machine doesn’t wash clothes they
   are entitled to a refund.
2. Repair: If the consumer used the item for some time and then discovered the fault,
   they are repaired to a repair free of charge.
3. Replacement: If the seller is unable to repair they get a new item similar price and
   quality.

Question 11

Retailers Responsibility?

Answer 11

The consumer enters a contract with the retailer when buying a good or service and if there is a problem he is responsible to resolve the issue.

Question 12

Guarantees?

Answer 12

Some manufactures may give a written guarantee to consumers, which states that they will repair or replace a faulty good within a certain time limit.

Question 13

Second hand goods?

Answer 13

Goods must be fit for purpose but consumer cant expect it to be of new quality.

Question 14

Inertia selling

Answer 14

This refers to goods that are sent to someone with a demand for payment, even though the person did not buy them(illegal).

Question 15

Competition and Consumer Protection

Answer 15

The CCPC is and independent body that enforces competition and consumer protection law in Ireland.

Question 16

Stages of the CCPC

Answer 16

A. Informs consumer of their rights
B. Investigates breaches of consumer laws
C. Advises the Government
D. Personal finance Info and Education.
E. Enforces Product safety regulation

Question 17

Informs consumer of their rights

Answer 17

The CCPC operates a website and telephone helpline which gives consumers info about their rights.

Question 18

Investigates Breaches of Consumer laws

Answer 18

The CCPC investigates breaches of consumer legislation e.g product safety and misleading advertising.

Question 19

Advises the Government

Answer 19

The CCPC conducts research to identify areas where consumers need greater protection e.g new laws.

Question 20

Personal Finance Info and Education

Answer 20

The CCPC provides financial info and education to consumers e.g run public awareness campaigns.

Question 21

Enforces Product safety regulations

Answer 21

The CCPC ensures that producers and retailers obey relevant product safety regulations.

Question 22

Small claims procedure

Answer 22

If a consumer cannot resolve a complaint with a business they can take it to the small claims procedure at the district court for claims up to 2000€ for: faulty goods and damage to property.