CHECK THESE SAMPLES OF Standard of Protection against Unfair Standard Contract Terms
On the other hand, the respondent stressed that under CAFTA the obligation of FET requires only the minimum standard of treatment under customary international law and does not create additional substantive rights.... Thus, the tribunal adopted the equating approach and maintained that the minimum standard of treatment of FET will be breached, if the State's conduct “is arbitrary, grossly unfair, unjust or idiosyncratic, is discriminatory and e xposes the claimant to sectional or racial prejudice, or involves a leak of due process”....
28 Pages
(7000 words)
Essay
According to Green's statement, not citizen should be forced to enter in to a contract that is against his free will.... All the transactions between the buyer and seller are governed by a contract.... The Act prohibits the businesses from use of dominant market power, like 40 percent market share to impose unfair trading practices to the consumers or to decline supplying to the existing customers without any justifiable reasons.... Government laws on consumer protection also provide for redress mechanisms where the rights of the consumers in the contracts have been violated (Harvey and Parry 1996)....
6 Pages
(1500 words)
Essay
In order to address the issue of unfair and unjust practices involving foreign investments, the standard of fair and equitable treatment (FET) has evolved in bilateral treaties and multilateral agreements, to signify that level of protection which states should provide the investments covered under bilateral investment treaties (BITs) with other countries.... The specification of the standard, however, has been subject to various interpretations through the years because of its reliance on principles of equity....
16 Pages
(4000 words)
Essay
Consumer Behaviour: Should there be different standard between developing countries and developed countries?... However, since there are consumers in developing countries who are vulnerable to exploitation by MNEs, it is argued that a separate standard is not appropriate and that welfare and human rights laws are best for regulating all consumers who are living in poverty and unable to satisfy basic lower order needs.... Since consumer protection laws are geared toward protecting consumers from a unjust and unfair trade practices, it is argued using economic and exploitation theories, that consumers in developing countries are not served well by these kinds of consumer protection laws and are best served by laws that are designed to ensure that they have access to clean water and nutritious food....
63 Pages
(15750 words)
Dissertation
The consumer had very little protection against the exemption clause or unfair terms that were hidden in contracts.... An essay "Unfair terms in a Contract Act 1977 and Regulations" reports that the protection has been increased by the Unfair terms in a Consumer Contract Regulations 1999 (UTCCR).... These regulations have strengthened the net of consumer protection by incorporating unfair terms.... Since 1977 the consumer can take refuge under the Unfair terms of a Contract Act 1977 (UCTA), which has given the consumer extra protection....
7 Pages
(1750 words)
Essay
eneral ban on unconscionable conduct in commerce or trade, a general ban on deceptive or misleading conduct in commerce or trade, and a provision that nullifies unfair contract terms in consumer contracts1.... he Australian Consumer law is single national law about fair trading and consumer protection.... The ACL provides new protections for consumers which these are; increased protection from...
10 Pages
(2500 words)
Assignment
With the move towards harmonization of UK law with community law, consumers are provided with further protection against defective goods or goods that could cause them injury.... The essay "Rights of Consumers and the Sale of Goods Act" draws attention to the Supply of Goods and Services Act of 1982 that included some significant provisions that were geared towards ensuring the protection of the consumer, notably the implied terms about the quality of goods supplied....
6 Pages
(1500 words)
Essay
Consumer law entails that a buyer and a seller enter into a contract and an agreement is reached and both parties must be protected by the law to avoid incidences of dishonesty which may result in the other part losing in the deal (Mason 1990).... The paper "Consumer Law - Seema and Robin Case" discusses that under the stipulations of the civil law, Seema and Robin can be advised to get compensation from part of the money which they did not honestly consume while they were booked at the hotel....
9 Pages
(2250 words)
Case Study