This 2-day course will explain the laws that apply between consumers and traders (including suppliers of goods, services and digital content, repairers, installers and manufacturers).
It is aimed at lawyers, professional advisers and customer service managers who may be new to working in consumer law or who need to update and expand their knowledge in the light of the substantial changes in recent years.
The main focus will be on the civil law as updated in 2014 and 2015 by the Consumer Rights Act 2015, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Part 4A Consumer Protection from Unfair Trading Regulations 2008. There will also be references to criminal and administrative law controls that relate to, and overlap with, the civil law provisions.
Case studies and exercises will enable delegates to apply the topics covered to practical situations and delegates will leave the course able to provide practical advice to both businesses and consumers on their rights and obligations.
Introduction: Contract Law
- Requirements for a contract to exist
- Privity of contract
- Classification of contracts
- Terms of contracts
Introduction to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- Definitions
- General scope of the Regulations
- Exclusions
- Enforcement
- Additional payments
- Helpline charges
Information requirements for on-premises, off-premises and distance contracts
- Off-premises contracts
- Pre-contract information
- Repair and maintenance contracts
- Contract copies/confirmation
- Contracts involving digital content
- Distance contracts
- Pre-contractual information
- Contracts concluded by digital means
- Telephone calls
- Confirmation of distance contracts
Cancellation provisions for off-premises and distance contracts
- Exclusions
- Cancellation periods
- Reimbursement by the trader
- Return of goods
- Supply of services
- Supply of digital content
- Ancillary contracts
Statutory rights and remedies for:
- Contracts to supply goods
- Contracts to supply digital content
- Contracts to supply services
Redress for misleading information
- Requirements for misrepresentation actions
- Types of misrepresentation and associated remedies
- Exemption clauses
- Rights to redress under Part 4A Consumer Protection from Unfair Trading Regulations 2008
Tortious liability
- Negligence actions
- Consumer Protection Act 1987, Part 1
Exemption Clauses and Unfair Terms
- Outright prohibitions under the Consumer Rights Act 2015
- Part 2 of the Consumer Rights Act 2015 – protection against unfair terms and notices
- Public enforcement of the law on unfair contract terms
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