5,109
edits
Difference between revisions of "Miscellaneous Consumer Protection Legal Information (11:VIII)"
Jump to navigation
Jump to search
Miscellaneous Consumer Protection Legal Information (11:VIII) (view source)
Revision as of 04:56, 13 August 2016
, 04:56, 13 August 2016→G. Electronic Transactions Act
Desy Wahyuni (talk | contribs) |
|||
| Line 98: | Line 98: | ||
The ''Electronic Transaction Act'', SBC 2001, c 10 [''ETA''] prevents parties from challenging contracts solely on the grounds that they are entered into electronically. The ''ETA'' removes legal uncertainty concerning the enforceability of contracts entered into electronically, and is primarily designed to facilitate commercial relations using the Internet. However, s 17 of the Act provides an element of consumer protection. It provides that an electronic record created by an individual is not enforceable where the individual made a material error in the record and: (i.) the electronic agent did not provide an opportunity to prevent or correct the error; (ii.) the individual notifies the other party that an error has been made as soon as practicable after learning of the error; (iii.) the person making the error takes reasonable steps to return the consideration in accordance with the instructions of the other party or destroy the consideration if requested to do so; and (iv.) the individual has not received any material benefit or value from the consideration. | The ''Electronic Transaction Act'', SBC 2001, c 10 [''ETA''] prevents parties from challenging contracts solely on the grounds that they are entered into electronically. The ''ETA'' removes legal uncertainty concerning the enforceability of contracts entered into electronically, and is primarily designed to facilitate commercial relations using the Internet. However, s 17 of the Act provides an element of consumer protection. It provides that an electronic record created by an individual is not enforceable where the individual made a material error in the record and: (i.) the electronic agent did not provide an opportunity to prevent or correct the error; (ii.) the individual notifies the other party that an error has been made as soon as practicable after learning of the error; (iii.) the person making the error takes reasonable steps to return the consideration in accordance with the instructions of the other party or destroy the consideration if requested to do so; and (iv.) the individual has not received any material benefit or value from the consideration. | ||
== H. Civil Resolution Tribune == | |||
British Columbia's new ''Civil Resolution Tribunal Act'', SBC 2012, c 25, establishes a new dispute resolution body, the Civil Resolution Tribunal. The Tribunal provides a new venue for the resolution of small claims matters. It encourages people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort. | |||
The Civil Resolution Tribunal is able to resolve: | |||
Small claims disputes where the parties decide to take the matter to the tribunal instead of | |||
court, up to a maximum value of $25,000 for | |||
*debt or damages; | |||
*recovery of personal property; | |||
*specific performance of an agreement relating to personal property or services; or | |||
*relief from opposing claims to personal property | |||
Strata disputes between owners of strata properties and strata corporations for a wide variety of matters such as | |||
*non-payment of monthly strata fees or fines; | |||
*unfair actions by the strata corporation or by people owning more than half of the strata lots in a complex; | |||
*uneven, arbitrary or non-enforcement of strata bylaws (such as noise, pets, parking, rentals); | |||
*issues of financial responsibility for repairs and the choice of bids for services; | |||
*irregularities in the conduct of meetings, voting, minutes or other matters; | |||
*interpretation of the legislation, regulations or bylaws; and | |||
*issues regarding the common property. | |||