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Exam Question - Coursework Example

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a. The basis of the case, Paola Faccini Dori relates to consumer credit and a grantor of the credit. The approach is one which is based on the finances required for a travel contract through a travel agent. The company granted credit to Paola Faccini Dori for the travel…
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Download file to see previous pages However, the complexities of the case arose with the inability to tamper with the provisions over a private contract specifically because consumer rights are private and not linked to state regulations. The legal relations for consumer protection were then one of the main considerations with the case. The proceedings that were created from the main debates were based on consumer rights that could follow under the law. The first proceeding stated that a credit agreement should not affect the rights of the consumer against the purchase of services or goods. The consumer enters an agreement with the contractor, specifically with the understanding that the services or goods will be supplied. This makes it a legal obligation for the supplier to carry forward with all contractual agreements, specifically which is made under the assumption of the agreement through a pre-existing agreement. The right to pursue credit or to be granted a difference in the contract occurs only in the instance when the consumer is not satisfied with the services delivered or when there is a failure to meet the demands through the services and products that are expected through the pre-agreement of a given contract. However, it was noted that the consumer may pursue the justification of lack of fulfilment of a contract. This does not entitle the legal proceedings to match this, specifically which is created according to the direct effect that this has on the consumer. The conditions and the remedies then have to be looked into with the contractual agreement and potential breach of contracts that are created. The case that was created not only referred to the consumer protection and the need to fulfil contracts for consumer protection. The court also found that the Treaty of the EU, Article 3s, 129a, created different levels of contribution to consumer rights. The community was responsible only for contributing to consumer protection, specifically with political and legal integration through the internal market. The duty of consumer protection created an effect where consumers had the right to have the fulfilment of products and services within the internal market. The horizontal direct effect then had a direct bearing on the consumer protection, specifically with the need to create and define consumer protection and credit. b. The legal issue that was associated with the case was based on the need to have consumer protection. Private entities are regarded as having freedom of offering services and products while having the right to refuse service or to terminate contracts with consumers. There is also the ability to allow the service or product providers to refuse fulfilment of consumer credit under given circumstances. The question which arose was based on how much consumer protection should be granted if there is a contract that is unfulfilled by those who are offering product or services. The level of interference from a political and legal entity was questioned, specifically with how much this could move into consumer rights and protection among those that were looking at the private contracts that were expected to be fulfilled. The rulings of the case were based on the horizontal direct effect. The effect was one which stated that the services or products provided with a contractual agreement were required to be fulfilled. If the services or products harmed or affected the consumer, then it was considered an illegal breach ...Download file to see next pagesRead More
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