9,075
edits
Difference between revisions of "Opting Out and Cooling-off Periods"
From Clicklaw Wikibooks
Opting Out and Cooling-off Periods (view source)
Revision as of 12:28, 11 October 2018
, 12:28, 11 October 2018→Common law exceptions
Drew Jackson (talk | contribs) |
Drew Jackson (talk | contribs) |
||
| Line 16: | Line 16: | ||
The consumer may be able to get out of a contract if the contract specified the consumer could choose to do so. For example, some department stores advertise that they allow consumers to return any product purchased at the store. In law, the promise in the advertisement would probably be considered a term of every sale contract the store makes (see the [[Contracts Overview]]). Or, a seller may promise a particular consumer they could return a product or the contract could be cancelled. | The consumer may be able to get out of a contract if the contract specified the consumer could choose to do so. For example, some department stores advertise that they allow consumers to return any product purchased at the store. In law, the promise in the advertisement would probably be considered a term of every sale contract the store makes (see the [[Contracts Overview]]). Or, a seller may promise a particular consumer they could return a product or the contract could be cancelled. | ||
Promises stated clearly in a contract are called “explicit terms”. The parties specifically discuss and agree to such explicit terms. Other promises that allow a contract to be cancelled might be “implied” terms. For example, if a store displays a sign reading “No | Promises stated clearly in a contract are called “explicit terms”. The parties specifically discuss and agree to such explicit terms. Other promises that allow a contract to be cancelled might be “implied” terms. For example, if a store displays a sign reading “No Refunds – Only Exchanges”, it could be argued this gives the buyer an additional contractual right of exchange, regardless of the quality of the product, since the consumer already has the legal right to return goods that are fundamentally defective. | ||
There may be either explicit or implicit limits, or both, on the contractual right of exchange. There may also be time limits. For example, some stores advertise that the consumer has a limited number of days to bring any goods back for a refund. If there is no time limit specified, the law would probably say the consumer has a reasonable time to ask for the refund. The law does not have a set definition for “reasonable time”. It varies depending on, for example, what was bought, where it was bought, and what the implied terms of the contract were. | There may be either explicit or implicit limits, or both, on the contractual right of exchange. There may also be time limits. For example, some stores advertise that the consumer has a limited number of days to bring any goods back for a refund. If there is no time limit specified, the law would probably say the consumer has a reasonable time to ask for the refund. The law does not have a set definition for “reasonable time”. It varies depending on, for example, what was bought, where it was bought, and what the implied terms of the contract were. | ||
