Consumer Contracts

Unfair Terms Issues

Good Faith Requirement in Consumer Dealing The European Communities (Unfair Terms in Consumer Contracts) Regulations, (the Unfair Contract Terms Regulations) introduced the concept of negotiation in good faith, into consumer contracts. The principle is found in many Continental law systems which apply a duty of good faith to many contractual negotiations and dealings.… Read the rest

Unfair Terms

Unfair Contract Terms The general rule of contract law is that the parties are bound by whatever they agree. In the past, sellers were entitled to impose whatever conditions they wanted in small print which could be deemed to be accepted and binding on the consumer, no matter how unfair their content.… Read the rest

Right to Cancel

Right to Cancel A right of cancellation applies to contracts made off-premises and distance contracts. The period for cancellation under the 2011 Directive and the 2013 Regulations is 14 calendar days. There is provision for model cancellation instructions and a model cancellation form.… Read the rest

Pre-Contract Information

An Invitation to Purchase An invitation to purchase is a concept unique to the legislation. The European Courts have interpreted the concept broadly. There may be an invitation to purchase, once there is sufficient information, whether by advertisement or otherwise, for the consumer to make the transactional decision.… Read the rest

Misrepresentations

Overview A contract may be negated by the misrepresentation of one party. A misrepresentation is a statement which is untrue, which induces a party to enter a contract. A representation may become part of the contract. … Read the rest

Implied Terms III

Conditions on the Sale of Goods I The Sale of Goods Act, as amended in 1980, provides certain basic protections for consumers when they deal with a business, which cannot generally be overridden, or in some cases, may be overridden, only to the extent that the amendments are fair and reasonable.… Read the rest

Implied Terms II

Additional EU Rights in Consumer Sales The Consumer Sales Regulations (European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003) put the 1999 EU Consumer Sales Directive into effect in Irish law. … Read the rest

Implied Terms I

Common Law Position and Reform The basic principle at common law was that of “buyer beware”. Goods were taken in their actual state and condition, subject to the express or implied terms of the contract Over time , the common law implied in terms to a contract, compatible with the circumstances and intentions of the parties.… Read the rest

EU Consumer Rights

EU Consumer Rights Directive 2011 The Consumer Rights Directive 2011 modifies and supplements the law set out in the earlier Distance Selling and Doorstep Contracts Regulations. It is implemented in Ireland by regulations made in 2013.… Read the rest

Distance Sales

Distance and Off-Premises Sales In distance and off-premises sales, the trader must provide specified information both pre-contract and post contract. Before a consumer is bound by an off-premises contract or offer, the trader must provide specified information.… Read the rest