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Consumer protection law - Essay Example

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Consumer protection law

Conversely, in England, though not in Scotland, Roman law has not had the same influence. It took longer for the notion of contract to be worked out and voluntarism went into an almost immediate decline. The decline was hastened by the analyses of American writers, particularly following the famous article by Fuller and Perdue these went as far as proclaiming the death of the contract. Yet contract is alive, and it continues to constitute the basic legal instrument used to regulate the economic relations between natural and legal persons. It is, however, a concept which has undergone a certain evolution and which, from a comparative point of view, does not take the form of a uniform model. A contract under common law is not exactly the same as under the German or French legal systems. For that reason, it is necessary to begin with a study of the basic notion of a contract as it exists in the main legal systems with which we are concerned, in order to work out what it is that the various concepts with which we are concerned, in order to work out what it is that the various concepts found in those systems have in common. ...
A contract is a voluntary agreement or promise between legally competent parties, supported by legal consideration, to perform or refrain from performing) some legal act. That definition may be easier to understand if we consider its various parts separately.
Essentially, a contract is an enforceable promise - a promise that someone may be compelled by a court to keep. Brokers and salespersons use many types of contracts and agreements to carry out their responsibilities to sellers, buyers, and the general public. The general body of law that governs such agreements is known as contract law (Hillman, 1998).
A contract may be express or implied, depending on how it is created. An express contract exists when the parties state the terms and shoe their intentions in words. An express contract may be either oral or written. The majority of real estate contract are express contracts; they have been reduced to writing. Under the statute of frauds, certain types of contracts must be in writing to be enforceable in a court of law (Galaty et al., 2002).
Consumer ProtectionLaw
Consumer protection law is an expanding, rapidly developing, and highly visible field. All of us are consumers who can readily detect both consumer protection transgressions and the effects of consumer protection law and regulation in our daily lives. Legal practitioners must be aware that consumer protection problems, besides the direct pecuniary risks they present to firms, are among the most likely forms of misconduct to be reported in the media and potentially harm a firm's reputation with its customers. Especially with the advent of the Internet, previously local or regional businesses are ...Show more

Summary

It is no easy task to embark on a comparative study of the law of contract. Despite its apparent uniformity the law of contract varies from one country to another, and even within the same system. Those difficulties are compounded in dealing with systems based on Roman law and those based on the Common Law…
Author : lehnermaudie
Consumer protection law essay example
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