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Government proposes new single consolidated Consumer Bill of Rights

1 October 2011 | Simon Weinberg

UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements Consumer Bill of Rights consumer contract consumer contracts consumer law consumer laws Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Rights Directive consumers cooling off period CPUTR Directive distance selling directive Distance Selling Regulations DSR EU Directive fair fairness new Directive sale of goods sale of goods act Sale of Goods Act 1979 SOGA UCTA unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair contract trading unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading unfair trading regulation void

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

6 July 2011 | Paul Gershlick

The European Union Directive on Certain Aspects of the Sale of Consumer Goods and Guarantees provides for consumers anywhere in the EU to have rights for goods to be repaired or replaced or have money...

Tags on this discussion: agreement agreements B2C breach breach of contract business business-to-consumer businesses CJEU commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consumer consumer right consumer rights consumers contract contract breach contracts Court of Justice of European Union Court of Justice of the European Union Directive disproportionate ECJ EU EU law European European Court of Justice European Union European Union law material breach refund remedy repair repairs replace sale of goods serious breach supply agreement supply agreements supply contract supply contracts supply of goods

ECJ consider “invitations to purchase” very widely and rules that it is an unfair sale unless certain key information is provided as early as in an advertisement – Konsumentombudsmannen v Ving Sverige AB, European Court of Justice

8 June 2011 | Mark Weston

The European Court of Justice (ECJ) has ruled as to the meaning of an ‘invitation to purchase’ under Article 2(i) of the Unfair Commercial Practices Directive (the Directive) and has clarified what...

Tags on this discussion: advert advertisement advertising advertisments adverts commercial communication Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Directive EC ECJ EU European Commission European Court of Justice European Union good goods invitation invitation to purchase mandatory material information material information Member State Office of Fair Trading OFT product products sale of goods service services transaction transactional Unfair Commercial Practices Unfair Commercial Practices Directive

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

28 April 2011 | Paul Gershlick

As the economy remains in a rocky state, many businesses continue to suffer cash flow and insolvency issues. But suppliers need to continue to trade. So what should they do? At times such as these, a good...

Tags on this discussion: administration agreement agreements B2B business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal express terms High Court Insolvency retention of title Romalpa sale of goods standard terms standard terms and conditions standard trading terms supplier supply supply agreement supply contract supply of goods terms Terms & conditions

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

31 March 2011 | Paul Gershlick

The parties contracted for IBM to provide its own software, third party software (Orchard’s) which Southwark LBC had asked IBM to provide, and associated services. The framework agreement part of the...

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts condition conditions express express term fit for purpose fitness for purpose High Court implied implied terms IT IT agreement IT contract IT services IT system licence terms ownership reasonable reasonableness sale of goods sale of goods act satisfactory quality SGA Software software agreement software licence software supplier software suppliers software supply software supply agreement software supply contract SOGA title UCTA unfair contract terms act Unfair Contract Terms Act 1977 unreasonable Warranties warranty

Government recommends replacement of consumer laws

18 November 2010 | Mark Weston

The Government has recommended the replacement of three key pieces of consumer legislation that overlap and are similar. It wants to consolidate them into one law so consumers know where to find it, and...

Tags on this discussion: B2C business-to-consumer commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer agreements consumer contracts consumer law consumer laws Consumer Rights Directive consumers Directive EU EU Directive European Commission European Union new Directive sale of goods sale of goods act SOGA SOGSA supply supply contract supply of goods supply of goods and services supply of goods and services act supply of services

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

10 November 2010 | Mark Weston

P supplied oil to B under a free on board (‘FOB’) contract. Clause 18 of the contract stated that there were no ‘guarantees, warranties or representations’ as to the fitness of suitability of the...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law condition contract contracts Court of Appeal English law FOB free on board fundamental breach High Court implied term Incoterms material breach sale of goods sale of goods act satisfactory quality serious breach SOGA supply supply agreement supply contract supply of goods term Terms & conditions warranty

International Chamber of Commerce to issue new Incoterms rules for January 2001

6 July 2010 | Paul Gershlick

The International Chamber of Commerce has announced that it is issuing a new set of Incoterms. The new rules will take effect from 1 January 2011 and the ICC is taking orders now from anyone who wants...

Tags on this discussion: cross-border ICC Incoterms International International Chamber of Commerce purchase of goods sale of goods supply of goods

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

European Commission wants to push ahead with Consumer Rights Directive

4 March 2010 | Paul Gershlick

The European Commission has signalled its intent to push forward with its proposed Consumer Rights Directive. Viviane Reding, the Justice, Fundamental Rights and Citizenship Commissioner, would like to...

Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts European Commission faulty reject sale of goods

Latest news and views tagged sale of goods

Government proposes new single consolidated Consumer Bill of Rights

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

ECJ consider “invitations to purchase” very widely and rules that it is an unfair sale unless certain key information is provided as early as in an advertisement – Konsumentombudsmannen v Ving Sverige AB, European Court of Justice

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

Government recommends replacement of consumer laws

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

International Chamber of Commerce to issue new Incoterms rules for January 2001

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

European Commission wants to push ahead with Consumer Rights Directive

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