Consumer Law And Deceptive Marketing Guidelines Case Study

Consumer Law And Deceptive Marketing Guidelines - Case Study Example Most good companies would avoid such a situation and try to provide a product as per the specifications. Thus it would be wise to study both sides of the aspect and neutrally evaluate the outcome in best interests of society and individuals as well as reasons for companies providing a service or a product, albeit with a rider that profitability than service is their prime concern. The history of consumer protection is not as old as that of the consumers. In 1962, President John F Kennedy introduced 'The Consumer Bill of Rights.' However, before 1965, there was no effective legal protection available for consumers across the world. The idea was first conceived by Garland Dempsey. In December 1965, probably the first refund of $ 787 was provided by a finance company to Mr. and Mrs. Henry Outlaw, the lucky neighbors of Garland Dempsey in North Philadelphia. Mr. Dempsey filed the complaint on their behalf in regard to a swindle of the refinancing of a loan. Another such case, the Gallman case got nationwide approval and led to passage of Consumer Credit Protection Act of 1968 by the Congress. This act was later aptly called "The Truth in Lending Act", the first in the series of consumer protection legislation. Today, across the world, consumer protection laws have evolved protecting consumers from all kinds of manufacturing and retailing defects, protection from fraudulent advertisements, invasion of privacy, deceptive marketing techniques and many such issues. Sections of population defend both sides of the arguments which lead to millions of litigations across the world with sometimes heavy penalties for defaulting companies in the event of intentional deception or even unintentional action leading to loss or damage to a consumer in a financial/personal manner. With the passage of time, certain conventions have emerged for the corporate sector to strictly adhere to, failing which they can be held guilty of consumer rights violation.

The case of Hauer vs. Union State Bank of Wautoma Research Paper

The case of Hauer vs. Union State Bank of Wautoma - Research Paper Example To change the entire Boiler 2. To repair the Boiler When the plumber had gone there to check for the boiler, he had informed his boss Barkley that the boiler needs to be replaced and not repaired. Let us analyse the facts to get a clearer understanding. â€Å"While inspecting the non-operating boiler at Chetum’s building, the plumber notices that the boiler is one that has been recalled by the manufacturer, Housewarm, because of a defect that does not allow all the carbon monoxide produced by the boiler to vent properly. This boiler was purchased by Chetum at a salvage yard and replaced another non-operating boiler. Further, the boiler has been improperly installed, according to the plumber. The plumber notifies Barkley of the problems with the boiler and Barkley immediately notifies Chetum. Chetum tells Barkley that he does not want to purchase a new boiler. He asks if the existing boiler can be fixed to get through the winter months. Barkley calls his plumber who is still a t the Chetum site and asks the plumber about a quick fix for the winter. The plumber tells Barkley he would not recommend the quick fix for the winter as this boiler is defective and has been recalled.† Looking at the facts, it can be directly inferred that the boiler which was in the building was defective and should have been replaced. However, to save costs and other expenditures, Chetum did not want that to happen and therefore asked for the boiler to be repaired. It is pertinent to note that the boiler which had been installed in the building was not only improperly installed but also was defective. Therefore there was an urgent need to replace the boiler, which was concurred by the plumber but not approved by Chetum. The question which arises right now is... The case of Hauer vs. Union State Bank of Wautoma One of the most fundamental principles of Contract Law is that an individual who is below the age of 18 cannot enter into contracts with other parties. This law also applies to situations which consist of an individual entering into contracts to represent a firm which has been established under law. Applying the law to the facts, we understand that Barkley was not eligible to enter into Contract with Chetum. Along with this, Barkley is not eligible to represent the firm of his father in his absence. Therefore, looking at the overall perspective of Contractual Obligations, Barkley could not have entered into a contract with any other party. In case a contract has been entered upon between a minor and some other party, then such contract happens to not be legally binding on the parties although the work of the contract may be carried out and performed by the parties. According to the facts taken hypothetically, Knarles was aware that his firm consisted of a number of plumbers whose lic enses had not been renewed in the current year, and in spite of that his firm had sent one of them to a client by the name of Chetum, to do the repair work. Looking at the facts of the case, it can be inferred that there was not material breach of fundamental breach of contract. On the contrary, there is a case of tortious negligence on the part of Chetum. Along with this, he entered into a contract with a minor. Keeping these two facts into account, there is no breach of contract.