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These terms and concepts are however applied and interpreted differently by different jurisdictions. In law systems such as United States, the force majeure clauses are accepted by law, determined by the force of the events that lead to the clause. The International Chamber of Commerce interprets force majeure by standard of events that make it practically impossible for parties to continue with the contract.
The main aims of force majeure are to change the common law consequence of dissolution of a contract by inserting a suspense condition into the contract in an attempt to allow the requirement to survive great force, as well as to allow for the artificial termination of the contract until a party opts to terminate by notice.
Article 23 of the International Law Commission states that offenses of an act of a country that do not comply with an universal obligation of that country is prohibited if the specific act is a result of force majeure.
The ICC recommended clauses
The International court’s main function in legal standardizing is mainly influenced by the requirements of international trade that reflect in the practice of its arbitration court. As per the last draft review of preferred model clauses, two clauses are expected or foreseen.
The first clause is a force majeure clause that clearly stipulates the conditions that protect from liability, when performance of a contractual obligation is no longer possible.
The second foreseen clause is the hardship clause which focuses on cases where unpredicted events affect the stability of a contract and that places burden on one partner in a contract.
The allegation mechanism of force majeure in international arbitration.
The international character of ICC arbitration of force majeure is reflected on the number of cases, with various global examples. Once a contractor is pushed to a position where they cannot continue with the contract, they are expected to provide notification of the situation.
- Notification of force majeure status.
A notification from the supplier indicating non-performance or delay is key as it offers essential content critical to the buyer’s operation. Further, buyers should have an identification of the notices when they come to emerge, base an understanding of their opinions, and respond to with substantial understanding of the outcomes of the acts as well as omissions under Uniform Commercial Code (Schalkwyk).
If either party barred from the fulfilling its obligations as required and on a timely basis due to any Force Majeure occurrence shall be responsible for informing the other party(s) without unwarranted delay and arrive at defining reasonable efforts in termination of the Force Majeure. Under such conditions, the parties shall have inter-consultations, with a focus of minimizing all damages, any possible negative implications, as well as costs. Under the ICC jurisdiction, notification is issued when the parties involved have applied a large scope of laws and jurisdictions. A force majeure clause should provide clear description of the principle of force majeure in its specific jurisdiction and the law doctrine of frustration that allow arbitration to take place. Drawings from the effects of notification, the party barred from the fulfilment of its obligations are subject to removal from any Force Majeure cause, replacing, or providing any alternatives to the supply source affected (Schalkwyk). Parties have the opportunity to agree on the law and jurisdiction they best prefer for the ICC International arbitration.
- Preventing notification due to force majeure
Provision of notification follows providing of proof by the contractor that it is beyond possible to work and deliver as per original agreement. Once the proof is tabled, the parties may agree or disagree. In the event of mutual agreement between the parties, then a force majeure clause is executed and all parties part with the clause protection as per their specific jurisdiction. However, in the event where the defendant is expected to provide more proof, then the process moves to court case. The defendant is here expected to provide specific proof on the main aspects of force majeure, irresistibility, and unpredictability, as well as proof of that there was nothing that could have been done to prevent the occurrences.
Proof of force majeure status.
- Reasons for suspension of implementation of the agreement.
For events to be termed as great force or events that lead to force majeure, they must meet underlying factors. One of the main features of force majeure events is externality. This is to mean that the events must not be intentionally triggered by contracting parties. With proof that the defendant had nothing to do with the happening events, then the force majeure clause can apply.
Unpredictability is also a key aspect to consider when tackling a force majeure case. In operating a contract, the contractor is expected to have risk measures to prevent effects of foreseen risks and danger. In the event where the defendant is not able to take measures to curb foreseen disaster, then the law expects them to incur causes and the force majeure clause cannot apply. The defendant must provide proof that he occurrence was unforeseen and unpredictable for the force majeure clause to apply. For instance, if conducting a project in a flood prone area, the defendant would be expected to take measures as latter flood is predictable. Therefore in the case of a flood in such a scenario, the force majeure clause cannot be applicable.
Events leading to force majeure must also be proved to be irresistible. This means that jurisdictions that apply force majeure require proof especially from the contractor that there was nothing that could have been done to prevent the occurrences and their impacts.
- Refrain from payment due to force majeure
The occurrence of force majeure tends to protect parties from incurring any costs in the event of unmanageable situations. The clause however differs depending on the jurisdiction and some clauses are not very clear on how parties share loses in the case of force majeure. The difference in the clause definition leads to different outcome and effects. A non-specific clause is not easy to agree upon and in most cases, force majeure leads to great loses for contracting companies.
When one is awarding a contract, they do so expecting delivery of good results and quality. In the event where either party is not able to deliver because of great forces brought about by natural unavoidable occurrences, then the client is forced to suspend their project and incur costs that were previously not in budget or expected. Project suspension in the event of force majeure is manly inevitable and may go on until when the events leading to the force majeure are contained. Under jurisdiction, parties enjoy the privileges of coming together to discuss the scope of any clause associated with force majeure. Determining aspects of events and occurrences determine the length of the damage. The events are also analyzed under the clause to ensure certainty that the project cannot continue (Firoozmand, 2008). The element of proof rests on the contracting parties as per the force majeure clause. Project suspension also leads to great loses for the contractors as the clause shields the client from any damage costs.
Once proven that the probability of force majeure is high and that the clause is applicable, the parties in the contract undertake underlying options. One option for the parties is to analyze all proof and invoke the force majeure clause. The other option is for one party to invoke the clause and the other is left to appeal the force majeure. Parties can also consider taking measures to curb and manage the effect of the events that may lead to the force majeure before invoking the clause. Once the clause is applied, effects differ as per each jurisdiction. Parties may thus consider the effects before invoking the clause, depending on their jurisdiction.
Again, not all contracts will have the inclusion of the Force Majeure clause, or even the clause might not be enough to encompass external scenarios of the control of any party. In such cases, parties in the contract should prove that a contract is subject to frustration due to unforeseen occurrences. The restraining condition might take its course whereby there is a frustration of a contract. A frustrated contract emerges when there is an absence of a fault of either party or due to an unforeseen occurrence that is out of control of a party, leading to loses for both parties (Firoozmand, 2008). In such a case, the contractual obligations of a party turn out incapable to perform, whereby the frustrating scene makes the terms of a contract drastically different compared to the contemplated cases.
Effects of acceptance of force majeure as a defense in the arbitration procedures.
- Force majeure as a main defense.
Natural occurrences such as droughts, earthquakes, and tsunamis among other related and the phenomena can make business operations impossible in a diversity of aspects. Force majeure invokes some defined rules under the law, based on the provision of relief to individuals affected by such natural occurrences (Schalkwyk). In situations where the performance of a seller turned out as impracticable on a commercial basis, there i
The following report discusses antitrust laws in detail and is its primary goal. The controller of Pyramid Printing Pete Roberts is considering a proposal meant to have new clients enjoy a discounted sales program. Henry Russell who is the sales manager at the company in interested in overhauling the company’s production capacity as it is currently below average. From Pete’s analysis of Henry’s proposal, the prices will not increase the profit margin as expected. Due to this, Pete is wary of the fact that having a different cost is sufficient in sustaining the prices. The proposal requires a deeper analysis in order to have a clear picture of the consequences it might have on the company in general and consider laws and ethics that are in the risk of being abused.
Business organizations are investing immensely in strategies meant to maintain clients; however, the consequences of these strategies require a deeper analysis. Managers ought to have a way of determining which clients deserve sale discounts based on their loyalty to the company. Fortunately for Pyramid Printing Pete has come up with customer-profitability analysis strategy that serves the above purpose. The strategy focuses on the organization’s income and the costs associated with the income and determine the different operational revenue gotten from various customers. If Pete was to implement the proposal the first step would to analyze the price discounts.
II. Price Discounts
Horngren, Datar and Rajan (2014) argue that offering sale discounts is a combination of several aspects such as the amount of sales made and the need to provide great services to customers who will be willing to tell other people about the services. Unfortunately, there are times as a result of inefficiencies by the sales people there is bad service that has adverse effects on the company’s revenue plan. Keeping up with the discounts offered to clients as well as the quality of service offered by the sales people a company can improve customer profitability. Customer profitability is an issue that consists of other aspects apart from client income which include, cost of production, customer service, and client loyalty. Unfortunately, these are some of Pyramid Printing weaknesses.
III. Production Capacity
As a result of below average production capacity, price discounts is not an appropriate strategy for Pyramid Printing. An organization’s production capacity is the highest level a manufacturing activity can achieve. Production capacity can be improved to serve an actual (immediate) improved client demand or anticipated (future) improved client demand. For and actual production capacity to improve, there is need of utilization of current equipment such as adding more time in the regular hours such as overtime or using foreign equipment such as outsourcing. To have improved future production capacity, organizations have to sufficiently utilize the existing equipment (improvements) or buying new equipment (spending) (Stevenson, 1999). For Pyramid Printing the best option is an actual increase which can be achieved by using the employees overtime and outsourcing and utilizing different equipment which will improve its production capacity.
IV. Antitrust Laws/Ethical Considerations and Conclusion
The biggest worry with the discounted sales program is whether there will be unfair or poor business practices against the clients. The Federal Trade Commission Act prohibits such results and going against the Act, Pyramid Printing Company can have legal issues under the Supreme Court that might lead to $100 million in fines (Federal Trade Commission, n.d.). With regards to ethics, Pyramid Printing Company has the ability of cementing its clients’ loyalty if it implements the discount program. The company can consider other strategies such as employee benefits, customer incentive programs, and the discounted prices programs; however, extreme caution is of the essence as the company’s production is extremely low and thus such strategies are quite risky. Pete should conduct a customer-profitability analysis to find out if there is an actual need for the customer discount program.
There are four elements that all arrests should have that make them legal and one of them is intent. According to Berman (2015), an arresting officer must make their intention known to the arrestee either verbally or through action. In the process, there will be reduced conflict between the officer and the arrestee. Authority is another element of an American arrest in which the state gives an officer the authority to arrest and detain a suspect if they deem their freedom puts the rest of the society at risk. The authority is given to officers qualified and who must identify themselves before making an arrest. There are instances where the suspect might ask for identification which the officer must produce.
A third element of an arrest is subjection. Subjection occurs when the arrestee willingly or forcefully is taken to custody by an officer (Berman, 2015). Arresting a suspect might either be willingly where the suspect submits themselves to custody without resistance or where there is need for use of force. Either way, the suspect is subjected to arrest. If at any particular time a suspect is unaware of the arrest, it is unlawful and invalid (Berman, 2015). Therefore, an arresting officer must make sure the suspect has a clear understanding of the arrest. Understanding is an important aspect of an arrest as it plays an essential role in reducing the conflict between the arresting officer and the suspect.
For any search and seizure with a warrant to be legal, there are several requirements that must be considered. The first one is respecting personal privacy (Bravin, 2014). Irrespective of having a warrant, police officers must ensure their activities do not unnecessarily interfere with a suspect’s personal lives. Having a probable cause is another requirement of a search and seizure with a warrant. A probable cause indicates that an arresting officer must have cause to ask for warrant to make the search (Bravin, 2014). The requirement is based on prior investigations made by the officer that indicate the search is paramount to ensure there is a case worth considering.
The expectation of privacy from the suspect must reasonable; this requirement falls on the suspect. Since the search has a warrant, the suspect must allow the officer to conduct the searches and any seizures with a little resistance as possible (Bravin, 2014). There are instances through the search that the suspect might feel the officers abusing their right for privacy; however, they ought to allow the officers to carry out their duties. All searches must be within the provisions of the fourth amendment; this requirement focuses on the police officers and their understanding of the demands of the fourth amendment.
The plain view doctrine has various aspects which make it a legal part of the American law. The most important aspect is that the item in question must be in plain view to reduce chances of making searches (Moore, 2014). The fact the officer is operating without a warrant does not allow them to make any searches; therefore the item must be in plain view. The arresting officer must also be within an area protected by the fourth amendment. Since the fourth protects individuals from unnecessary searches on personal and private property, having an item deemed suspicious in plain view gives the officer a right to take it for further analysis and to prevent it from doing harm to the society. The requirement ensures the suspects’ constitutional rights are protected.
Once the officer notices the item; to take it as evidence they must recognize it as evidence or contraband without further searches (Moore, 2014). Recognizing the suspicious item require an officer who has had ample investigation on a case to have knowledge of the evidence and identifying it on a first sight. Through this way the officer has the ability of identifying it without searching the premises as they do not have a warrant.
There are numerous ways and methods of identifying suspects that vary from one case to the next. However, in most instances a line up is efficiently used with a witness picking out the suspect from the rest (Shaves, 2013). The officer must ensure the suspects constitutional rights are observed in the process. For instance, blind administration is used where an officer unfamiliar with the case is assigned the duty of taking the witness through the process. The method is done to reduce chances of an officer intentionally or otherwise influencing the witness. Compared to the regular lineup, this method ensures the results of the lineup are valid and are not interfered with by the officer.
Sequential line up is a situation where the witness is shown pictures of the suspects one after the other. The method prevents relative judgment where the witness might judge a person based on the close resemblance to the suspect (Cole, 2014). Good fillers is a method used in lineup where all the people used resemble the suspect to prevent them from standing out. Compared to sequential line up good fillers protects the constitutional rights of the suspects as they are treated fairly. The witness should also be informed that the suspect could or could not be in the lineup. Through this way the witness is relieved off the pressure of identifying a suspect immediately. Compared to failing to tell the witness about the availability of the suspect, this method increases the chances of an accurate identification.
America has one of the most enviable constitutional in the world as a result of its adaptation to numerous human rights. The constitution protects a suspect during trial by guarantees a fair trial in all hearings (Vinson, 2014). Irrespective of being a suspect an individual has the right to a fair trial and treatment throughout the process. Under the law the constitution guarantees equal treatment; in the process, the suspect has a right to sue any officers or make appeals to any situation they feel is unfair. The constitution also provides that a suspect has a right to a pretrial heard by a grand jury for any cases including felony (Vinson, 2014). In such an instance the suspect has the chance of having a fair trial. The constitution protects an individual from double jeopardy. Double jeopardy is a situation where a suspect is tried twice over the same crime. Unless there is an appeal, the court’s decision on a trial is final. To have a retrial other functions of the court must have probable cause and follow protocol. The American law has allowed for amendments of the constitution to ensure all aspects of human rights are protected without increasing chances of criminal activities thriving.
The legal issue in the case is harassment in the work place. Kooper made it hard for Brian to behave naturally as he always made snide remarks with regards to his behavior. Additionally, it is clear that Brian was affected by the harassment at the workplace as he developed a mental condition that required professional attention. The harassment reduced the quality of the relationships at the workplace which inadvertently significantly reduced production. England (2015) notes that harassment at the workplace has the potential of leading to suits from the people affected. Therefore, in this instance, Brian had the right to sue the company and Kooper as the perpetrator of the harassment.
Another legal issue is based on the discrimination that Kooper had on Brian based o his sexual orientation. It is clear from the description that Brian has a different sexual preference from Kooper that makes him seem feminine. It is this difference that Kooper uses to belittle Brian and deny him peace of mind at the workplace. Cobb (2017) is of the idea that discrimination bases its strength on the differences the victim has. In this case, Brian has a right to work anywhere irrespective of his sexual orientation. However, Kooper believes that Brian should seek employment in places that are in line with feminism as the current job was too masculine for him.
The employer should have set guidelines of what the employees should behave with each other. The guidelines ought to have been provided at the employment contracts to ensure all the employees familiarize themselves with them (Solotoff & Kramer, 2017). Through this way, the employer would have clearly described the importance of harmonious working relationships at the workplace. Also, the issue of sexual preferences would have been handled effectively as all individuals would know what is expected of them. Before hiring someone, the employer should have sought any unclear issues and clarified them.
Admittedly, conflicts are common occurrences at any workplace as there are different people with various personalities working together. Therefore, it is of utmost importance to design conflict resolution measures or procedures that employees should follow in case of a conflict (England, 2015). Notably, in this instance there is no clearly defined ways of handling a conflict; this is one of the reasons the issue degenerated and got out of hand. Unfortunately, Kooper is not aware of his effect on Brian and does not relent. In the end, the employer will have to get involved as a suit might cost the government as significant amount of money in fines.
The employer is responsible for Brudley Kooper as he holds similar attitudes with him. Irrespective of having evidence that Brian was psychologically affected by the treatment and negative comments on his sexuality, he still makes a similar comment. In addition, it is the responsibility of the employer to set ways in which the employees should behave towards each other by setting up guidelines (England, 2015). Also, the employer fails to provide relevant strategies through which conflicts are handled creating such situations.
Furthermore, the impression that the employer gives with regards to the matter is that of lack of seriousness. Irrespective of Brian coming from the hospital to treat a condition he acquired coz of the environment at the workplace, he does not show any empathy and supports Kooper. The employer is responsible for the intolerance evident at the work place as he has not shown any way to improve the situation. Therefore, is the case was to get to courts the employer would be held responsible for the matter and face the systems. Additionally, he would be forced to change his operational guidelines to protect other employees in the future.
Both Anderson’s Winesburg, Ohio and Gilman’s The Yellow Wallpaper share some similarities. In Winesburg, Ohio, the author’s use of the word grotesque is of great importance. To Anderson, grotesque does not connote revulsion or disgust. The reason attributed to this assertion is that the author of the book points out that the human grotesque can be likened to apples that are left in the orchard after picking the right ones because they been twisted and gnarled. Nevertheless, the small boys as well as the poor look for the left apples eagerly because they know that they are the sweetest of all. In The Yellow Wallpaper the narrator of the book becomes a grotesque figure, which is a representation of the state of women in the nineteenth century. As such, the themes of grotesqueness, entrapment, and escape are found in both Anderson’s Winesburg, Ohio and Gilman’s The Yellow Wallpaper.
Sherwood Anderson’s Winesburg, Ohio is albeit somewhat interesting book. The author’s conception on ‘the grotesque’ acts as a motif throughout the book. The grotesque in literature is expressed in various ways. In his introduction to the stories in Winesburg, Ohio. Anderson defines a grotesque as an individual who attempts to live by a single truth that finally proves distorted. Truth causes an individual to become a grotesque. “It was the truths that made the people grotesque .... the moment that one of the people took one of the truths to himself, called it his truth, and tried to live his life by it, he became a grotesque and the truth he embraced became a falsehood” (Anderson, 1919). Also, it should be noted that the real creators of the grotesque are shortcomings experienced in life. Hands, Paper Bills, and Mother, which are the first three stories, focuses on inability to communicate feelings, inability to communicate thought, and inability to communicate love respectively. According to the author of the book, the three shortcomings are the real creators of the grotesques in the human society.
Anderson’s conception of grotesque helps explain the conditions under which Gilman’s characters exist in his book entitled The Yellow Wallpaper. In light of this, the narrator of the book becomes a grotesque figure, which is a representation of the state of women in the nineteenth century. The narrator is ultimately defeated despite attempting to fight the social forces that are oppressing her. The narrator’s husband named John is one source of oppression as he maintains traditionally paternalistic views (Gilman, 1892). The reason attributed to this contention is that although the narrator rebels against her husband, the rebellion does not lead to freedom. Indeed, the rebellion leads to not only defeat but also insanity. The narrator utilizes writing in the endeavors to understand her difficulties. Although the narrator’s writing seem random at first reading, they tend to have a grotesque pattern upon a deeper inspection.
In summary, Anderson’s Winesburg, Ohio and Gilman’s The Yellow Wallpaper are similar in that they discuss the theme of grotesqueness. Apparently, according to the author of the book Winesburg, Ohio, the three shortcomings are the real creators of the grotesques in the human society. The narrator of the book The Yellow Wallpaper becomes a grotesque figure, which is a representation of the state of women in the nineteenth century. Shortcomings like the inability to communicate thought, love, and feelings have entrapped characters in Winesburg, Ohio. Similarly, in The Yellow Wallpaper, the narrator is entrapped by social forces that are oppressing her.
The legal issue in question in the case of Russ B v Melvin Watt is the alleged discrimination of the complainant on the basis of age. Mr. Russ sued his federal employer (Federal Housing Finance Agency) in court because he felt discriminated against in the workplace. He argues that his younger colleagues received Performance-Based Benefits for the financial years 2012 and 2013 while he was left out despite him making equal contributions to the Agency. In making its ruling, the U.S. Equal Employment Opportunity Commission found out that the defendant did not exhibit any intentions or actions of discrimination against the complainant. The Commission weighed the evidence against the provisions of The Age Discrimination Act of 1975 (29 USC §6101) in making its decision. This rule – the Age Discrimination Act of 1975 – was drawn to protect workers aged 40 years and above from discrimination in the workplace. The rule is categorical on the cases that amount to discrimination on the basis of age in matters of hiring, composition, dismissal, or promotion (Department of Labor, n.d). Thus, none of the items under this rule were violated by the Agency.
The Commission first sought to identify if indeed the complainant’s denial of Performance-Based Benefits was pre-textual. Therefore, it principally based its judgment on the report by the Agency that was served to the complainant in due time before the hearing. In the Agency’s report, the complainant did not establish a prima facie case to prove that there was discrimination in the workplace. Further, the Agency noted that withholding employment benefits was not an adverse event. The Agency also gave its policy on issuing of benefits to its employees. It also gave its management’s directive on the distribution of Performance-Based Benefits that was founded on among other things teamwork and productivity. According to the Agency’s report, the complainant did not portray exemplary performance characteristics that could attract Performance-Based Benefits. In particular, he did not perform above his personal capacity, he had failed to meet critical deadlines, his work had minimal impact, and he failed to attend team meetings.
The complainant also claimed that while working under his immediate supervisor, he had overheard the later make derogatory remarks against elderly workers. In addition to validating the Agency’s reports, the commission also sought to find the weight of this allegation in the light of the denied benefits. In making its ruling, the Commission negated the Agency’s claim that withholding an employee’s benefits was not an adverse event. It also assumed, contrary to the Agency’s position, that the complainant had succeeded in making a prima facie case. However, due to the fact that the complainant’s colleagues fell in the age bracket provided The Age Discrimination Act of 1967 (revised 1975), the former’s denial of benefits did not amount to discrimination. Further, the Commission was not convinced that the alleged remarks by the complainant’s immediate supervisor existed or they were substantive in the context of age discrimination
In conclusion, the Commission made the correct decision with regards to the provisions of The Age Discrimination Act of 1967. This case is applicable in the contemporary workplace setting because it challenges employees to maintain exemplary performance for them to receive benefits. It also saves the employer from allegations meted against them mostly by disgruntled employees.
The first section of Article 2 of the US constitution states that “the Executive Power shall be vested in a President of the United States of America” (umkc.edu). All the executive powers of the president are not expressed in this Article, although it implies that the President of the United States may issue an executive order to direct any federal function. In case of striking airline pilots, I would invoke the Article to direct all the pilots to get back to their work stations in the shortest time possible. I will facilitate this by further ordering the chief of operations in civil aviation to address the issues that precipitated the strike.
After notified of the industrial action, I would immediately call for a press briefing to announce the presidential order. I would communicate through my press secretary the need to have all media outlets represented in the briefing to ensure that the message goes far and wide. I would then follow the national protocol of documenting executive orders by entering this pronunciation in the Federal Register for future reference.
In the implementation of the executive order, I would use my powers to establish any mechanism that is required in fulfilling my directive. In particular, I would ask the civil aviation chief of operations to report directly to me on the progress of strike’s resolution. I would also require them to find the root cause of the strike and institute corrective action to prevent further recurrence of the problem. As the president of the US, I will also ask to be furnished with a report detailing the national and/or diplomatic impacts of the strike and any plan to control the damage caused.
In this century, consumers still need to be protected from doggy sellers who are all after making money. In most cases consumers have at some point been given faulty commodities or low quality services. A few of the affected consumers followed on the issue with most of the consumers knowing not what to do next (Mayer 120). Thus, it is important for all consumers to know the existing protections when dealing with transactions that entails exchange of money for other commodities. However, most of the consumers knows little about the laws established to protect them from such business malpractices. Protection simply means prioritizing consumers’ interest to see that they get quality products at realistic prices (Howells 10). In this regard, the paper intends to fill the existing gap in knowledge about consumer protection law. The study will be divided into three different subtopics. (1) Definition of consumer protection, (2) the significance of protecting consumers (3), strategies that consumers can use to protect their rights.
I chose to study about consumer protection law because am looking forward to open a hotel after completing my school. About three years ago, I saw how a customer mistreat a hotel manager whom she blamed to have given her bad food. However, I did not understand what quality meant to that customer. Presently, I know what quality means to a customer. In this regard, I consider the study as an opportunity for me to learn how to treat my customers in future. Since this research will equip me with knowledge about most of the things that I have never known in my life.
Definition of Consumer Protection Law.
According to Howells and Weatherill (p.10), consumer protection laws are the policies put in place safeguard the ordinary people who are purchasing goods and services in the market. The reason is to protect them from doggy traders who are ready to sell faulty goods without caring the impact of their behavior on the consumer. In most situations, consumer protection deals with pricing, product safety, credit repair, debt repair and other personal loans that may have accumulated to huge figures over time. Ethically, businesses should set good prices that does not exploit them nor the consumers. However, in a case where prices or debts are not controlled then there is likelihood of most activities in the market becoming stagnant. Therefore, consumer protection law bars the sellers from creating shortage in the market so that they shoot the prices.
According to Giliker (95), all consumers have legal rights to be secure with the commodities that they buy. More especially with the food stuffs (Baron 200). For instance, the agricultural products sold to them must have undergone through clean stages all the way from the farm to the market. Also, every consumer has legal rights to stay safe from environments pollutions. Pollutions ranges from contaminations on the water bodies to soil and air. In most cases the consumers have been unconcerned of the fact that there environment should always be clean and never allow anybody subject them to a contaminated environment (Giliker 93). The other legal right is access to information in which every consumer has the legal rights to seek for more information about the product that they wish to buy so that they get to understand something better before buying it. All these rights are important for every consumer and they should always stand for what they know is right.
Significance of Protecting Consumers.
In a case where the customers are not protected; there is likelihood of them being exploited by the sellers and suppliers in that market (Mayer 120). The reason is that people are generally unsatisfied and once given a chance they intend to maximize their return. In which the traders will subject the buyers to unsafe commodities and inaccurate measurement apparatus with a focus on maximizing their returns. Also, the suppliers will practice hoarding in which they will create a shortage into the market to overprice the items. In economics, a shortage of a particular good makes it hard to find the good in which the lesser ones are overpriced to make them available only to a few members (Pigou 9). In this line, hoarding will also create a temporary shortage so that customers are overexploited.
Every society should encourage the culture of protecting consumers’ interest in that such protections have got several benefits both at personal and society levels. It brings the aspect of social responsibility in which every trader is forced to adhere to the standards set. The standards provides an outline of how businesses and organizations operate in a manner that is socially accepted. In this way, every member of the society gets satisfaction from any trader simply because they are adhering to similar standards (Giliker 93). Also, it provides for a system in which complaints from the buyers are directed to the sellers and acted upon. In most cases, the buyers have complained of poor quality or other issues relating to certain products. However, most of those cases have been ignored simply because there is no effective channel in which the complaints can be carried to the sellers. Thus the protection laws ensures that consumer’s complaints are directed to the sellers; and sellers followed to ensure that the complaints are acted upon.
Strategies That Consumers Can Use To Protect Their Rights.
Protection must start from within the customers themselves. They must not sit down and see their rights violated such that they are overcharged prices or buy faulty goods. Thus, the customers should do the followings. Firstly, learn about their basic consumer rights to which every consumer is entailed (Baron 200). In this way, they will understand that they have the freedom to be informed about products before buying. Also, learn that they have the freedom to be kept free from environmental pollutions. In this way, the consumers will have learnt how to approach traders who does not have any interest in making their lives better. Secondly, the consumers should always weigh large and risky purchases before making them (Baron 201). That is, check with other traders to ensure that the items they are about to buy are not overcharged. In this way, they will be in a position to purchase from the customer who offers the best quality at the least price possible.
Thirdly, the consumers should always ask about the product warrants. A warrant is a pledge given by the seller or manufacture in which they promise to repair the product or replace it if it develops complications in a particular time frame (McKay 10). The federal law requires that Americans review and compare warrants among various traders so that they only go for traders whose have put in place realistic warrants (McKay 10). Fourthly, the buyers should always check that the professionals are licensed. Legally, license grants an individual powers to practice in a particular field of profession. In the case of business, licensing a business person means that he/she has met the required standards for one to do that business. In that way, the consumers will always be sure that the traders whom they are doing interactions with are individuals who have been tested by the licensing body and found trustable to deliver high quality product.
On balance, consumers’ protection is essential in that it prevents them from being exploited by traders in the market. Thus every government is putting in place laws that will ensure that sellers adhere to set business standards in all their activities. Every consumer is entitled to rights to access information and be safe in what he/she consumes. Also, rights to leave in a clean environment. The traders on the other side, are expected to offer best products to the consumers’ at most favourable prices. However, it is key noting that protection starts with the consumers themselves. In which they have to learn about basic consumer rights such as safety and access to information. Also, do a critical evaluation of the market prices of a particular product before purchasing the product. Then make inquiries of warrants and licenses that the traders uses. In doing these, they will have vastly reduced the chances of being exploited by putting these traders on spot.
Consumer Protection Law
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