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Difference between revisions of "If There Are Consumer Problems"
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If There Are Consumer Problems (view source)
Revision as of 17:40, 23 April 2017
, 17:40, 23 April 2017no edit summary
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== Understand your legal rights== | == Understand your legal rights== | ||
If a party does not do what they said they would under a contract, they are in breach of contract. | If a party does not do what they said they would under a contract, they are in '''breach of contract'''. | ||
The law offers three different solutions when a contract has been breached. | The law offers three different solutions when a contract has been breached. | ||
# The contract can be cancelled. The parties are restored to their original situation. | # The contract can be '''cancelled'''. The parties are restored to their original situation. | ||
# The party in breach can be ordered to pay damages to compensate the other party for any loss suffered. The damages are designed to put the injured party in the same position as if the contract had been successfully performed. | # The party in breach can be ordered to pay '''damages''' to compensate the other party for any loss suffered. The damages are designed to put the injured party in the same position as if the contract had been successfully performed. | ||
# The party in breach can be ordered to perform the contract. The party is basically told they have to do what they promised in the contract. | # The party in breach can be ordered to '''perform''' the contract. The party is basically told they have to do what they promised in the contract. | ||
Take the example of the TV that doesn’t work. | Take the example of the TV that doesn’t work. | ||
# The contract could be cancelled. This would see you return the TV and get your money back. | # The contract could be '''cancelled'''. This would see you return the TV and get your money back. | ||
# You could be awarded damages to compensate you for any loss. This would see the seller have to pay for the TV to be repaired or replaced. As well, if the TV caused any further damage (let’s say it caused an electrical short that ruined your DVD player), the seller would also have to compensate you for this loss. | # You could be awarded '''damages''' to compensate you for any loss. This would see the seller have to pay for the TV to be repaired or replaced. As well, if the TV caused any further damage (let’s say it caused an electrical short that ruined your DVD player), the seller would also have to compensate you for this loss. | ||
# The seller could be ordered to perform the contract. This would see the seller have to provide you with a working TV. | # The seller could be ordered to '''perform''' the contract. This would see the seller have to provide you with a working TV. | ||
Which solution applies in a given situation depends on what is wrong and what kind of agreement was made. | Which solution applies in a given situation depends on what is wrong and what kind of agreement was made. | ||
One factor is whether any breach relates to a condition in the contract. A condition is an essential term in the contract, a term that is so important that without it one or other of the parties would not enter into the contract. When a condition is broken, the contract can be cancelled. | One factor is whether any breach relates to a '''condition''' in the contract. A condition is an essential term in the contract, a term that is so important that without it one or other of the parties would not enter into the contract. When a condition is broken, the contract can be cancelled. | ||
When a non-essential term of the contract is broken, the injured party can recover damages but the contract cannot be cancelled. | When a non-essential term of the contract is broken, the injured party can recover damages but the contract cannot be cancelled. | ||
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=== If something was faulty=== | === If something was faulty=== | ||
Under the law, a level of quality, performance and durability is implied into every contract. The other party is in breach of this legal warranty if something you bought: | Under the law, a level of quality, performance and durability is implied into every contract. The other party is in breach of this '''legal warranty''' if something you bought: | ||
* was broken or damaged (not of “merchantable” quality), | * was broken or damaged (not of “merchantable” quality), | ||
* was unusable for the purpose you bought it for, | * was unusable for the purpose you bought it for, | ||
