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FAMILY LAW. CAVEAT EMPTOR-LET THE BUYER BEWARE FEDERAL TRADE COMMISSION-GOVERNMENT PRIMARY CONSUMER PROTECTION AGENCY CONTRACT: AGREEMENT BETWEEN 2+ PEOPLE.

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Presentation on theme: "FAMILY LAW. CAVEAT EMPTOR-LET THE BUYER BEWARE FEDERAL TRADE COMMISSION-GOVERNMENT PRIMARY CONSUMER PROTECTION AGENCY CONTRACT: AGREEMENT BETWEEN 2+ PEOPLE."— Presentation transcript:

1 FAMILY LAW

2 CAVEAT EMPTOR-LET THE BUYER BEWARE FEDERAL TRADE COMMISSION-GOVERNMENT PRIMARY CONSUMER PROTECTION AGENCY CONTRACT: AGREEMENT BETWEEN 2+ PEOPLE TO EXCHANGE SOMETHING OF VALUE BREACH OF CONTRACT: ONE PARTY DOES NOT LIVE UP TO THEIR END OF THE CONTRACT CONTRACT CONTAINS OFFER FROM ONE PARTY AND ACCEPTANCE FROM ANOTHER

3 EXCHANGE OF CONSIDERATION-SOMETHING OF VALUE IS EXCHANGED FOR SOMETHING ELSE OF VALUE MINOR-PERSONS UNDER THE AGE OF LEGAL MAJORITY (USUALLY 18) CAN MAKE CONTRACTS, CANNOT BE FORCED TO HONOR CONTRACTS COSIGN-PARENT OR GUARDIAN MUST ALSO SIGN ANY MAJOR CONTRACT SIGNED BY A MINOR

4 MINOR WHO CONTINUES MAKING PAYMENTS ON A CONTRACT AFTER REACHING AGE OF LEGAL MAJORITY HAS RATIFIED CONTRACT RATIFIED CONTRACTS CAN NO LONGER BE CANCELED UNCONACIONABLE CONTRACTS-CONTRACTS DEEMED SO UNFAIR, HARSH, OR OPPRESSIVE THAT COURTS FIND IT SHOULD NOT BE ENFORCED

5 CONTRACTS CAN BE WRITTEN OR ORAL LAW PREFERS WRITTEN CONTRACTS CERTAIN CONTRACTS MUST BE IN WRITING TO BE ENFORCABLE I.E: SALE OF LAND OR REAL ESTATE, SALES OF GOODS PRICED $500+, AGREEMENTS TO PAY ANOTHER PERSONS DEBTS, AGREEMENTS THAT CANNOT BE PERFORMED WITHIN A YEAR OF AGRREMENT

6 BETTER TO HAVE WRITTEN CONTRACT FOR YOUR PROTECTION SOME CONTRACTS CANNOT BE ENFORCED, MAY BE ILLEGAL OR AGAINST PUBLIC POLICIES I.E- AGREEMENT TO SELL ILLEGAL DRUGS LAW ALLOWS FOR FREEDOM OF CONTRACTS COURT CAN CHOOSE TO ONLY ENFORCE PARTS OF CONTRACTS IF CERTAIN CLAUSES ARE UNFAIR

7 COURT LIKELY TO FIND CONTRACT UNCONSCIONABLE WHEN: – (1) CONSUMER PRESENTED CONTRACT IN TAKE-IT- OR-LEAVE-IT FORM – (2) UNEVEN BARGAINING POWER BETWEEN PARTIES (EXPERIENCED SELLER DEALING WITH UNEDUCATED CONSUMER) FRAUD-FALSE STATEMENT ABOUT AN IMPORTANT MADE TO INDUCE A PERSON TO AGREE TO A CONTRACT

8 WARRANTY

9 WARRANTY-PROMISE OR GUARANTEE MADE BY A SELLER CONCERNING QUALITY OR PERFORMANCE EXPRESS WARRANTY-STATEMENT CONCERNING QUALITY OR PERFORMANCE OF GOODS AS PART OF A SALE THAT BECOMES PART OF A BARGAIN PUFFING-EXAGERATED STATEMENT (SALES TALK) SELLERS DO NOT HAVE TO PROVIDE WRITTEN WARRANTY

10 MAGNUSON-MOSS WARRANTY ACT REQUIRES WRITTEN WARRANTIES – (1) DISCLOSE ALL ESSENTIAL TERMS AND CONDITIONS IN A SINGLE DOCUMENT – (2) BE STATED IN SIMPLE AND EASY TO READ LANGUAGE – (3) MADE AVAILABLE TO CONSUMER BEFORE SALE WRITTEN WARRANTIES MUST STATE WHAT IS AND IS NOT INCLUDED IN WARRANTY WARRANTY ACT DOES NOT INCLUDE ANYTHING $15 OR LESS

11 WARRANTIES LABELED FULL OR LIMITED FULL WARRANTY – DEFECTIVE PRODUCT FIXED OR REPLACED FREE, INCLUDING REMOVAL AND REINSTALLATION IF NECESSARY – CONSUMER DOES NOT HAVE TO DO ANYTHING UNREASONABLE TO GET WARRANTY SERVICE – PRODUCT FIXED WITHIN REASONABLE TIME – PRODUCT CANNOT BE FIXED AFTER REASONABLE NUMBER OF ATTEMPTS, CONSUMER GETS REFUND OR REPLACEMENT – WARRANTY APPLIES TO ANYONE WHO OWNS THE PRODUCT DURING WARRANTY PERIOD

12 IMPLIED WARRANTY-UNWRITTEN PROMISE, CREATED BY LAW, THAT A PRODUCT WILL DO WHAT IT IS SUPPOSED TO DO – LAW REQUIRES PRODUCTS TO MEET CERTAIN MINIMUM STANDARDS – ONLY APPLY TO PRODUCTS SOLD BY DEALERS, NOT CASUAL SELLERS – TYPES OF IMPLIED WARRANTIES: – (1) WARRANTY OF MERCHANTIBILITY – (2) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE – (3) WARRANTY OF TITLE

13 WARRANT OF MERCHANTIBILITY-UNWRITTEN PROMISE THAT THE ITEM SOLD IS AT LEAST OF AVERAGE QUALITY FOR THAT TYPE OF ITEM – I.E-RADIO MUST PLAY, SAW MUST CUT, FREEZER MUST KEEP FOOD FROZEN WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE-EXISTS WHEN A CONSUMER TELLS A SELLER BEFORE BUYING THAT IT IS NEEDED FOR A SPECIFIC PURPOSE OR WILL BE USED IN A SPECIFIC WAY WARRANTY OF TITLE-SELLER’S PROMISE THAT HE OR SHE OWNS THE ITEM BEING OFFERED FOR SALE. SELLER IS NOT SELLING STOLEN GOODS

14 DISCLAIMER-ATTEMPT TO LIMIT THE SELLER’S RESPONSIBILITIES SHOULD ANYTHING GO WRONG WITH A PRODUCT MAGNUSON-MOSS WARRANTY ACT-SELLERS OFFERING A WRITTEN WARRANTY MAY NOT DISCLAIM OR MODIFY ANY IMPLIED WARRANTY DURING THE EFFECTIVE PERIOD OF THE WRITTEN WARRANTY SELLERS USE DISCLAIMERS TO LIMIT CONSUMER’S REMEDY


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