The Basis of Consumer Protection Against Unfair Terms in Consumer Contract in Cameroon

2021 ◽  
Author(s):  
Tambe Hans Tambe
Keyword(s):  
Consumer Protection ◽  
Consumer Contract ◽  
Unfair Terms

Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective

2021 ◽  
Vol 29 (1) ◽  
pp. 117-137
Author(s):  
Yeukai Mupangavanhu
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
The European Union ◽  
Time Sharing ◽  
Related Services ◽  
Consumer Protection Act ◽  
Statutory Protection ◽  
Unfair Terms ◽  
High Level

Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.

scholarly journals Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers

2016 ◽  
Vol 9 (14) ◽  
pp. 247-264
Author(s):  
Paulina Korycińska-Rządca
Keyword(s):  
Consumer Protection ◽  
Effective Means ◽  
Substantial Part ◽  
New Model ◽  
Legal Rules ◽  
Council Directive ◽  
Consumer Contracts ◽  
Court Proceedings ◽  
Unfair Terms ◽  
Administrative Proceedings

The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the Amendment Act of 2015. Its purpose is to verify whether the new Polish model may be deemed as an appropriate and effective means of preventing the continued use of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The paper analyses the legal rules on the new model of abstract control of standard forms of agreements concluded with consumers (the administrative proceedings model) and compares the new model with its predecessor (the court proceedings model). The paper does not cover the remaining changes introduced into the Polish Competition Act of 2007 by the Amendment Act of 2015, which are not connected to abstract control of standard forms of agreements concluded with consumers.

scholarly journals THE CONSUMER PROTECTION ACT AND THE INNKEEPER’S LIABILITY FOR THE PROPERTY OF THE GUEST

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Mark Tait
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Consumer Contract ◽  
Media Report ◽  
Advance Reservations ◽  
Consumer Protection Act ◽  
Bed And Breakfast ◽  
The Common ◽  
The Impact ◽  
The Relationship

Literally thousands of consumer agreements are concluded every day between innkeepers and their guests. For present purposes an innkeeper is understood to be a supplier of accommodation services and, in turn, implies the proprietor of an accommodation establishment, such as a hotel, lodge and bed and breakfast establishment. It is unfortunately not uncommon that property of some consumers of accommodation services are damaged or lost through theft or other causes whilst making use of these services. As an example may serve a media report where the Daily Dispatch reported on an incident stemming from an alleged theft by employees of the Kariega Game Reserve from guests at the Reserve. This perennial problem raises the issue as to the liability of the supplier for loss of or damage to the property of the consumer whilst the latter is making use of the accommodation services of the supplier. In the praetorian edict de nautius, cauponibus et stabulariis the common law provides a specific solution as to the liability of the supplier. The edict, which is a consequence of the contract for accommodation services between the supplier and the consumer of those services, imposes strict liability on the supplier for loss of, or damage to, the property of the consumer. This protection, however, is largely negated by the general practice of expressly excluding the liability imposed by the edict in the consumer agreement between the parties.The introduction of the Consumer Protection Act 68 of 2008 (CPA) saw a number of specific provisions impacting the relationship between consumer and supplier of accommodation services – such as provisions pertaining to equality (s 8 and 9); privacy (s 11 and 12); cancellation of advance reservations (s 17); and customer loyalty programmes (s 35), to name but a few.The CPA also has implications for the supplier of accommodation services when it comes to the supplier’s liability for the loss of, or damage to, the property of the consumer. This note focuses on two particular aspects. The first considers briefly the impact of the Act on clauses excluding the liability of the supplier for loss or damage to the consumer’s property. Provisions of the CPA regulating the use of clauses excluding liability may therefore have relevance for the praetorian edict, as the protection provided by the edict is excluded as a standard practice, as stated. The edict, because of the impact of the CPA, therefore may resume its relevance of earlier years.The second aspect pertains specifically to section 65(2) of the CPA. This provision imposes a duty on suppliers in general to account for the property of the consumer when such property is in possession of the supplier. As a matter of course guests bring property into the accommodation establishment of the innkeeper with which the consumer has contracted. If such property is lost or damaged (through no fault of the consumer) the question arises whether section 65(2) can find application. If it does, it can have significant consequences for both suppliers and consumers, but if not, then an understanding of the impact of the CPA on the use of clauses in a consumer contract excluding liability becomes even more important.

scholarly journals The Implications of Consumer Protection Legislation for Hotels and Guests in South Africa

2017 ◽  
Vol 9 (2(J)) ◽  
pp. 33-45
Author(s):  
Raeesah Mohamed ◽  
Karunanidhi Reddy ◽  
P. M. Naidoo
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Race And Ethnicity ◽  
Standard Form ◽  
Business Practices ◽  
Open Market ◽  
Low Literacy ◽  
Ethical Business ◽  
Bargaining Position ◽  
Unfair Terms

During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.

Enforcement of Foreign Judgment in E-Commerce Consumer Contracts In Malaysia: Issues and Challenges

2015 ◽  
Vol 12 (2) ◽  
pp. 67
Author(s):  
Shazanah Sarwar Khan ◽  
SHEELA JAYABALAN
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Convenient Method ◽  
Consumer Contract ◽  
Conflict Of Laws ◽  
Online Transactions ◽  
Goods And Services ◽  
Consumer Contracts ◽  
Foreign Judgment

Electronic commerce or e-commerce is gaining momentum in Malaysia. Consumers are finding transacting online to be a convenient method especially to buy goods and services. As online transactions involve transborder commerce, disputes are inevitable. As such the question of conflict of laws arises, one of which involves enforcement of foreign judgement. Even though there is a law regulating enforcement of foreign judgement in Malaysia, however it does not take into consideration consumer protection. Adapting doctrinal research, this article discusses issues and challenges arising in the enforcement of foreign judgement in e-commerce consumer contracts in Malaysia. Keywords: Enforcement of Foreign Judgement, Reciprocal Enforcement of Foreign Judgement Act 1958, Brussels I Regulation, E-Commerce Consumer Contract

The Regulation of Unfair Terms and Consumer Protection in Thailand

2020 ◽  
pp. 430-446
Author(s):  
Sakda THANITCUL
Keyword(s):  
Empirical Evidence ◽  
Consumer Protection ◽  
Contract Law ◽  
Protective Mechanisms ◽  
Judicial Control ◽  
Indirect Control ◽  
Penalty Clauses ◽  
Unfair Terms ◽  
General Contract Law ◽  
Restraint Of Trade

The chapter gives an account of consumer protection in Thailand and, more specifically, how Thai contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under the 1997 Unfair Contract Terms Act and other protective mechanisms under specific consumer legislation. It also analyses how the Thai courts have exercised a more indirect control by employing traditional general contract law doctrines, including the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. Empirical evidence is provided to show that effective overall consumer protection has been established since the 1990s.

13. Controlling contract terms

Contract Law ◽  
2019 ◽  
pp. 371-403
Author(s):  
TT Arvind
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Freedom Of Contract ◽  
Liquidated Damages ◽  
Consumer Contracts ◽  
The Common ◽  
The Law ◽  
Unfair Terms ◽  
Formal Requirements ◽  
Statutory Regulation

This chapter examines how the law regulates contract terms, with particular emphasis on rules that are intended to protect weaker parties. It begins with a discussion of the limits of freedom of contract and proceeds by assessing the role played by formal requirements, such as the requirement that contracts be in writing. It then considers how the law regulates contract terms which seek to alter the liability that one party will have in the event of breach. More specifically, it looks at exclusion clauses in the common law and the statutory regulation of such clauses, along with liquidated damages, contractual remedies, and the rule against penalties. It also explores the extent to which consumer protection law restricts the terms that can be included in consumer contracts, especially when dealing with the problem of unfair terms.

GENERAL CLAUSES AND THE COMPETING ETHICS OF EUROPEAN CONSUMER LAW IN THE UK

2012 ◽  
Vol 71 (2) ◽  
pp. 412-440 ◽  
Author(s):  
Chris Willett
Keyword(s):  
Supreme Court ◽  
Consumer Protection ◽  
Consumer Law ◽  
European Consumer ◽  
Self Reliance ◽  
The Supreme Court ◽  
Self Interest ◽  
General Clause ◽  
Unfair Terms ◽  
The Uk

AbstractEU ‘general clauses’ on fairness offer significant potential for improved consumer protection. However, the Supreme Court has interpreted the unfair terms general clause and a related provision by reference to an underlying ethic of self interest and self reliance'; and the same approach is possible under the unfair practices general clauses. This is a significant threat to consumer protection. A more protective ethic may be intended at EU level; and a particular line of argument may be needed to persuade the Supreme Court of this.

Sign in / Sign up

Export Citation Format

Share Document