商务契约关系课件.ppt

Chapter one : Consumer protection ◆Sale of Goods ◆Unfair Contract ◆Consumer Credit ◆False and misleading Trade Descriptions ◆Product liability ◆explain the rights available to a consumer as offered by Sale of Goods legislation; ◆explain the protection available to consumers arising from Unfair Contract Terms legislation; ◆briefly outline the terms of Consumer Credit legislation; ◆explain ,briefly,Trade Description legislation and its implication for consumer protection; ◆explain ,briefly,consumer protection legislation in relation to dangerous and defective goods. ◆Sale of Goods Act 1979 as amended 1979年修订的货物销售法案 ◆Unfair Contract Terms Act 1977 as amended 1977年修订的不公平合同条款法案 ◆Consumer Credit Act 1974 1974年消费信贷法案 ◆Trade Description Act 1968 1968年贸易描述法案 ◆Consumer Transactions Order 1976 as amended 1976年修订的消费交易法令 Section 1 : Sale of Goods Topic 1: Legislation process Sale of Goods Act 1893 → Sale of Goods Act 1979 as amended(SOGA1979) → Sale and Supply of Goods Act 1994(SSGA1994) → Sale and Supply of Goods to Consumers Regulations 2002. Topic 2: Why Legislate for Contracts of Sale of Goods? 　　　 Topic 3: What is a Contract for Sale of Goods? The sale ◆Definition 　　　a contract in which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. 　　　 Sale: where the seller can transfer the goods immediately, and in willing and able to do so. Agreement to sell: where there is some sort condition that must be fulfilled or some act has to be carried out before the sale can take place. ◆The legal effect Sale: purchaser obtains a real right over the goods as property in goods has passed to the purchaser. Agreement to sell: purchaser only holds a personal right against the seller in respect of the contract. ◆The types Suspensive condition: where the goods are supplied “on approval”. Until approved, the contract would only be an “Agreement to sell” Resolutive condition: The property transfer