Chapter 2: Consumer Conflicts

Question 1

What are the 7 elements to a contract

Answer 1

offer and acceptance
considreation and payment
capacity
intention
legality of purpose 
legality of form 
consent

Question 2

4 ways a contract is terminated

Answer 2

-Breach -Agreement -Performance -Frustration

Question 3

3 remedies for a contract breech

Answer 3

1. sue for damages
2. nulify
3. specific performance

Question 4

5 points to the sale of goods and supply of services act 1980

Answer 4

1. merchantable quality
2. fit for purpose
3. be as described
4. buyer entitled to legal ownership and quiet possesion
5. services must be provided by a competent person.

Question 5

4 rights of consumers

Answer 5

replace, refund, repair and right to go to court

Question 6

What 4 things does the consumer protection act prohibit

Answer 6

false description
fasle prices
fasle advertising
businesses engaging in aggresive practices.

Question 7

What three options are there for resolving consumer complaints

Answer 7

Competition and consumer protection commision
consumer association of ireland
office of the ombudsman

Question 8

what two other ways are there to resolving disputes

Answer 8

small claims and hireing a solicitor.

Question 9

What are the elements of a legally binding contract

Answer 9

offer
acceptance 
consideration 
intention to contract 
consent 
capacity
legality of form 
legality of purpose

Question 10

4 ways a contract can be terminated

Answer 10

performance
agreement
frustration
breach of contract

Question 11

Define a condition to a contract

Answer 11

an essential element of a contract

Question 12

Define a warranty to a contract

Answer 12

a non essential element to a contract

Question 13

explain the term data protection

Answer 13

data protection is the means by which the privacy rights of individuals are safeguarded in relation to the processing of their personal data. it includes both automated data and manual data. it ensures that personal data which is processed is accurate and ensures a set of standards for the processing of such information

Question 14

discuss the functions of the data protection commissioner

Answer 14

1. they have enforcement powers including the servicing of legal notices compelling data controllers to provide info needed and to correct personal data
2. they may investigate complaints made by the general police and can authorise officers to enter premises and inspect the type of personal info kept, how it is processed and the security measures in place

Question 15

rights of a data subject

Answer 15

1. right of individuals not to be subjected to automated decision making- important decisions may not be made unless human consent given
2. right to complain to data protection commiosner when some data controllers are not complying the the data protection act

Question 16

obligations of data controllers

Answer 16

to keep data secure- protected against unauthorised access
to update info - data should be accurate and updated periodically
to obtain the info fairly and openly