Products Liability

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At the time the customer signs the contract, it shall state the fees and other consideration, if any, that may be required of the customer. (C) Any contract for invention development services signed by the invention developer and the customer may be revoked by either party prior to the expiration of a four working day period commencing on the date on which the customer and the invention developer sign the contract. (D) The invention developer or the customer may revoke the contract as follows: (1) Either the invention developer or the customer may revoke the contract by written notice to the other within four working days of the date the contract was signed by both.

Pages: 0

Publisher: Matthew Bender (March 6, 1997)

ISBN: 0820515604

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Business law and commercial law are two areas of legal practice that have so many overlapping issues that most attorneys who practice one will also have expertise in the other. Commercial law focuses on the sale and distribution of goods, as well as financing of certain transactions The Illinois Lemon Law -When Your New Vehcile Goes Sour (Volume 30). Federal Trade Commission: Enforces federal anti-trust and consumer protection laws Copyright Law Of The United States Of America, Issue 14.... Division 2 — Direct Sales, Future Performance and Time Share Contracts 19 A direct sales contract, future performance contract or time share contract must contain the following information: (a) the supplier's name and, if different, the name under which the supplier carries on business; (b) the supplier's business address and, if different, the supplier's mailing address; (c) the supplier's telephone number and, if available, facsimile number; (d) the date on which the contract is entered into; (e) a detailed description of the goods or services to be supplied under the contract; (f) an itemized purchase price for the goods or services to be supplied under the contract; (g) other costs payable by the consumer, including taxes and shipping charges; (h) if any customs duties, brokerage fees or other additional charges that may apply to the contract cannot reasonably be determined by the supplier, a description of those charges; (i) a detailed statement of the terms of payment; (j) the total price under the contract, including the total cost of credit; (k) if applicable, a description and dollar value of any trade-in; (l) if credit is extended or arranged by the supplier, a description of the subject matter of any security interest in accordance with Part 5 [Disclosure of the Cost of Consumer Credit]; (m) a notice of the consumer's rights of cancellation, in the prescribed form and manner, if any; (n) any other restrictions, limitations or other terms or conditions that may apply to the supply of the goods or services; (o) any other prescribed information. 20 (1) In addition to the information required under section 19, a direct sales contract must contain (a) the name, in a readable form, of the individual who signs the contract on behalf of the supplier, (b) the place where the contract is entered into, and (i) the individual who signs the contract on behalf of the supplier, (2) Despite section 23 (3) [future performance contract], if that section applies, a supplier must give a copy of the direct sales contract to the consumer at the time the contract is entered into. (a) the supplier does not give to the consumer a copy of the contract at the time the contract is entered into, or (b) the supplier requires the consumer to make a down payment in excess of the prescribed amount. 21 (1) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (2) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if one or more of the following applies: (b) at the time the contract was made, the supplier was under a direct sales prohibition order; (c) the goods or services to be supplied under the contract are not supplied to the consumer within 30 days of the supply date. (3) The consumer is not entitled to cancel the contract under subsection (2) (c) if the consumer accepts delivery of the goods or services after the end of the 30-day period described in that subsection. (4) Despite section 15 (2) [assignee's obligations], if a consumer cancels a direct sales contract under this section, the supplier, within 15 days after the notice of cancellation has been given, must return to the consumer any trade-in received under a trade-in arrangement, or an amount equal to the trade-in allowance. (5) Despite section 28 (1) [return of goods by consumer on cancellation], if a consumer cancels a direct sales contract under this section, the consumer may retain possession of the goods delivered to the consumer (a) until all money paid by the consumer is refunded, and (b) in the case of a trade-in arrangement, until either (i) the supplier returns to the consumer, in substantially the same condition as when the supplier received them, the goods delivered by the consumer under the trade-in arrangement, or (ii) an amount equal to the trade-in allowance is paid to the consumer. (6) If a trade-in or an amount equal to the trade-in allowance is not returned to the consumer as required under subsection (4), the consumer may recover from the supplier as a debt due an amount equal to the trade-in allowance. (7) If a consumer receives an amount equal to the trade-in allowance, the title of the consumer in respect of the goods delivered by the consumer under the trade-in arrangement, if the title had not already passed from the consumer, vests in the person entitled to them under the trade-in arrangement. 22 If credit is extended or arranged by the supplier in respect of a direct sales contract, (a) the credit agreement, as defined in section 57 [definitions], is conditional on the direct sales contract, whether or not the credit agreement is a part of or attached to the direct sales contract, and (b) if the direct sales contract is cancelled under section 21, the credit agreement is cancelled. 23 (1) This section does not apply to a future performance contract that is a preneed cemetery or funeral services contract. (2) In addition to the information required under section 19 [required contents of contract], a future performance contract must contain the following information: (b) the date on which the supply of the goods or services will be complete; (c) if there are periodic payments under the contract, the amount of each of the periodic payments. (3) A supplier must give a copy of the future performance contract to the consumer within 15 days after the contract is entered into. (a) the supplier gives, or offers to give, a rebate, discount or other value to the consumer in consideration of the consumer giving to the supplier the names of prospective consumers, or otherwise aiding the supplier in making a sale to another person, and (b) the earning of the rebate, discount or other value is contingent on the occurrence of an event after the time the consumer agrees to buy. 24 (1) In addition to the information required under sections 19 and 23 (2) [required contents of contract], a continuing services contract that provides for a supplier supplying services by reference to a number of hours or a number of sessions must state the period of time, in months, over which the consumer can reasonably expect to receive the services. (2) The period of time referred to in subsection (1) must not exceed 24 months. (3) A continuing services contract must not be for a duration, including the cumulative total of all options and rights to extend or renew the contract, of more than 2 years. (4) Despite subsection (3), a continuing services contract may provide for the consumer renewing the contract by consenting in writing within one month of the expiry of the contract. (5) For the purpose of subsection (3), all continuing services contracts, except a contract renewed under subsection (4), that (a) are in effect between the same supplier and the same consumer at the same time, and (b) provide for the performance of the same or similar services, whether or not services are being supplied concurrently under 2 or more of the contracts, are deemed to be one contract. (a) the contract is not binding on the consumer in respect of the period in excess of 2 years, (b) the supplier must refund to the consumer, within 15 days after receiving a request from the consumer, all money paid under the contract for the period in excess of 2 years, and (c) if the supplier does not comply with paragraph (b), the consumer may recover as a debt due all money paid under the contract for the period in excess of 2 years. (7) In an action by the consumer against the supplier where the supplier fails to comply with subsection (6) (b), the court must enter judgment against the supplier for 3 times the amount of any refund not paid within the time limited by that subsection. 25 (1) A consumer may cancel a continuing services contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (a) in the circumstances of the consumer, or (b) in the services provided by the supplier. (3) A material change in the circumstances of the consumer includes, without limitation, (b) a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner or nurse practitioner, showing that the consumer's continued participation is unreasonable because of the consumer's condition or is likely to endanger the consumer's health, or (c) the relocation of the consumer for the remainder of the duration of the contract, or the remainder of the time stated in the contract in accordance with section 24, so that the distance between the consumer and the supplier is more than 30 km greater than when the consumer and the supplier entered into the contract, if the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's new location. (a) when, for reasons that are wholly or partly the fault of the supplier, the services are not completed, or at any time the supplier appears to be unable to reasonably complete the services within the period of time stated by the supplier under section 24, (b) when the services are no longer available, or are no longer substantially available as provided in the contract, because of the supplier's discontinuance of operation or substantial change in operation, or (c) when the supplier relocates his or her facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location. (a) within 15 days after the notice of cancellation has been given, refund to the consumer, (i) in the case of a cancellation under subsection (2) (a), the portion determined in the prescribed manner of all cash payments made under the contract, less a prescribed amount on account of the supplier's costs, or (ii) in the case of a cancellation under subsection (2) (b), the portion determined in the prescribed manner of all cash payments made under the contract, and (b) within 30 days after the notice of cancellation has been given, return to the consumer every negotiable instrument executed by the consumer in connection with the contract. 26 (1) Subject to subsection (2), a supplier must give a copy of the time share contract to the consumer at the time the contract is entered into. (2) Section 48 (1) [copy of distance sales contract] applies to the time share contract if the contract is also a distance sales contract. (3) A consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (4) Subject to any longer cancellation period prescribed, a consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if the contract does not contain the information required under section 19 [required contents of contract]. 27 Despite section 15 (2) [assignee's obligations], if a contract is cancelled under this Division, the supplier must refund to the consumer, (a) within 15 days after the notice of cancellation has been given, and (b) without deduction except as provided for in this Division or in the regulations, all money received in respect of the contract, whether received from the consumer or any other person. 28 (1) If a direct sales contract, future performance contract or time share contract is cancelled under this Division, the consumer must return any goods received under the contract by delivering the goods to the person named in the contract as the person to whom notice of cancellation may be given or to the business address of the supplier. (2) Subject to subsection (3), the return of the goods by the consumer under subsection (1) discharges the consumer from any obligation, in respect of the goods, arising under the contract. (3) If goods are returned by the consumer under subsection (1), the consumer is liable to the supplier for any damage to the goods caused by the failure of the consumer to take reasonable care of the goods Money Without Matrimony: The Unmarried Couple's Guide to Financial Security.

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Furthermore, most state consumer protection laws grant consumers a private right to sue for damages in court. Assuming the alleged damages do not exceed the statutory maximum, these lawsuits are usually brought in small claims court and are not terribly expensive to defend online. What are the remedies available to consumers? criminal action - defendant, if found guilty by the court can be sentenced to imprisonment or payment of fine or both, at the discretion of the court. o You can save more money and time in mediation/arbitration. o You can avoid more hassles The law for consumers. Thirty-one practices are deemed to be unfair in all circumstances Consumer Law and Policy: Text and Materials on Regulating Consumer Markets (Third Edition) by Iain Ramsay (2012-11-19). A defendant can appeal the order to the five commissioners of the FTC, from there to Federal Appeals Court and ultimately to the Supreme Court. The FTC can impose a fine for each violation of a voluntary compliance, affidavit, cease and desist order, FTC rule, or a cease and desist order against someone else. The Arthur Murray studio could be liable for violating an FTC cease and desist order prohibiting high pressure sales by the Fred Astaire studio pdf.

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There are exemptions for business opportunities that involve total payments under $250, for business transactions that fall under other regulatory schemes, for ongoing business transactions, and for direct sellers under certain circumstances pdf. Only the Federal Trade Commission can enforce the FTCA Hutt and Merrill's Statutory Supplement to Accompany Food and Drug, 2D (University Casebook Series). Other preparation of the body�Services may be priced individually and may include dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, and reconstruction/restorative arts Consumer Law and Policy: Text and Materials on Regulating Consumer Markets by Iain Ramsay (2012) Paperback. We are not looking at international law, criminal law, procedural law, family law or public law. We are just looking at the law relating to people’s rights and duties towards each other in the commercial world. UNIVERSITY OF EDINBURGH MBA 2011/2012 BUSINESS LAW Week 1: The British Legal System Meanings of the Term “Law” Law has a variety of meanings usually involving a fair method of resolving disputes, or following procedures that help establish certainty as to ownership or entitlement to certain assets or advantages download Products Liability pdf. Enforcing Data Security and Preventing Identity Theft – If you keep sensitive personal information about customers or employees in your files, you are required to have a sound security plan in place to collect only what you need, keep it safe, and dispose of it securely Introduction to the Law of Torts and Consumer Protection. The role of state and territory offices is primarily to assist consumers. For further information see product safety & standards. For particular state or territory information, please contact the relevant jurisdiction. The Australian Government, state and territory governments, and local governments jointly administer environmental protection. Australian Government legislation governs the process of assessment and approval of national environmental and cultural concerns online. The HIPAA does not apply to health information that is not personally identifiable (for example, aggregate data), and it does not apply to health information used by individuals or entities that do not fall within the definitions of covered entities or business associates of covered entities. For example, some educational and employment records (such as a report about an individual's fitness for duty used to make an employment decision) does not fall under HIPAA Products Liability online. If fees are charged, notice in writing – either on the card or the card packaging – is required. Non-reloadable cards redeemed for 90% of the face value may be redeemed for the remaining cash Shandong University of Finance and Law boutique Library: Financial Consumer Protection(Chinese Edition). Another major achievement of the Indian consumer movement in the context of the world scenario, was to get the government in 1989, to adopt 15 March, the World Consumer Rights Day, as the National Consumers� Day. Unlike the Labour Day on 1 May, which has roots in the US, the Consumer Rights Day, which also has roots in the US, is not even observed there Lemon Laws (Legal Almanac Series). IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS. (a) In this section: (1) "Bakery basket or tray" means a wire or plastic container that holds bread or other baked goods and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry bakery products. (2) "Container" means a bakery basket or tray, dairy case, egg basket, poultry box, or other container used to transport, store, or carry a product. (3) "Dairy case" means a wire or plastic container that holds 16 quarts or more of beverage and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry dairy products. (4) "Egg basket" means a permanent type of container that contains four dozen or more shell eggs and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry eggs. (5) "Laundry cart" means a basket that is mounted on wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant to transport laundry and laundry supplies. (6) "Name or mark" means any permanently affixed or permanently stamped name or mark that is used for the purpose of identifying the owner of a shopping cart, laundry cart, or container. (7) "Parking area" means a lot or other property provided by a retail establishment for the use of customers to park automobiles or other vehicles while doing business in that establishment. (8) "Poultry box" means a permanent type of container that is used by a processor, distributor, retailer, or food service establishment or an agent of one of those persons to transport, store, or carry poultry. (9) "Shopping cart" means a basket that is mounted on wheels, or a similar device, generally used in a retail establishment by a customer to transport goods of any kind. (b) A person owning a shopping cart, laundry cart, or container may adopt and use a name or mark on the carts or containers. (c) A person may not: (1) use for any purpose outside the premises of the owner or an adjacent parking area, a container of another that is identified with or by any name or mark unless the use is authorized by the owner; (2) sell or offer for sale a container of another that is identified with or by a name or mark unless the sale is authorized by the owner; or (3) deface, obliterate, destroy, cover up, or otherwise remove or conceal a name or mark on a container of another without the written consent of the owner. (d) A common carrier or contract carrier, unless engaged in the transporting of dairy products, eggs, and poultry to and from farms where they are produced, may not receive or transport a container marked with a name or mark unless the carrier has in the carrier's possession a bill of lading or invoice for the container. (e) A person may not remove a container from the premises, parking area, or any other area of a processor, distributor, or retail establishment or from a delivery vehicle unless the person is legally authorized to do so, if: (1) the container is marked on at least one side with a name or mark; and (2) a notice to the public, warning that unauthorized use by a person other than the owner is punishable by law, is visibly displayed on the container. (f) A person may not: (1) remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with intent to temporarily or permanently deprive the owner of the cart or the retailer of possession of the cart; (2) remove a shopping cart or laundry cart, without written authorization from the owner of the cart, from the premises or parking area of any retail establishment; (3) possess, without the written permission of the owner or retailer in lawful possession of the cart, a shopping cart or laundry cart outside the premises or parking lot of the retailer whose name or mark appears on the cart; or (4) remove, obliterate, or alter a serial number, name, or mark affixed to a shopping cart or laundry cart. (g) The requiring, taking, or accepting of a deposit on delivery of a container, shopping cart, or laundry cart is not considered a sale of the container or cart. (h) A person who violates this section commits an offense Ohio Consumer Law: Legal Aid Society of Cleveland Ohio State Legal Services Association 1996.