Commercial Law Seminar Seven
1. Definition of consumer In SOGA 1979: a. Taken from s12 in UCTA. Someone who purchases in a non-business transaction. 2. Definition of consumer in Distance Selling Regulations (SI 2000/2334, reg 3: a. natural person who is acting for the purposes other than those of his trade, business
or profession
3. 4.
5.
6. 7. 8. 9. 10. 11. 12.
b. This is a little broader than s12 of UCTA Consumers probably do need extra protections they are typically the weaker party when contracting. A balance must be struck however. There is an enormous difference between your local newsagent and a multinational corporate. Yes, it would be nice to have some kind of legislative distinction but it is likely that the difference in contracts entered into provides the different levels of protection anyway. Perceived weaknesses: a. Consumers are weaker in negotiation. UCTA deals well with this. b. Consumers have less recourse to courts. SOGA deals with typical consumer issues. c. Consumers are less knowledgeable. There is legislation dealing with sale. Transactions concluded online. No face to face. It is distance sales. Less security in which you are purchasing from. Your details are stored. E-Commerce is advantageous in that it is more convenient, offers more choice and is cheaper. According to ONS, 56.6bn was transacted last year. Of course it is important. The state ought to be responsible for enforcing consumer protection law initially. A multitiered approach is optimal however. Trading Standards Institute. OFT also. They are separate but overlap as well. Again, multi-tiered probably works best. By enforcing good competition law, the consumer will certainly benefit. It would be good to ensure that the customer is protected as well though.
Seminar Seven Notes
Problems with public speak: y y y y y y y y Lack of preparation Most important Speaking too fast Not speaking loud enough Referring too much to notes Unnecessary interjections Pronunciation/stuttering Eye contact Is critical Body language
y y y
Nerves Peer Pressure Alcohol? :P
1. You fucked up on UCTA. Look at s25. It s someone who deals and someone who doesn t deal. 2. Correct 3. About right. Assistance Asymmetry Provide more information where reasonable. 4. Perhaps you could regulate on the types of goods rather than the type of party contracting. 5. UCTA does NOT deal with Unfair Contract Terms. The protection is more limited. UCTA specifically regulates limitations and exclusions of liability. There is also blanket exclusion for personal injury and death. There is additional coverage by UTCCR 1999. 6. Correct 7. Borderlessness, transience, size. Anonymity is handy too.