Consumer law

Consumer law has its roots in laws regulating trade. But actually all laws that matter to consumers today has been introduced in the last 30 years. There are about a dozen significant Acts and many more regulations, but fortunately most of these can be safely left to solicitors. In fact, it is questionable whether consumers actually need to know any law at all. Most consumer law and its interpretation in the courts are based on the notion of 'reasonableness'. Consumer law in Britain does sometimes give us more rights than our common sense might lead us to believe — and that is worth knowing about.

The Sale of Goods Acts (1979) lay down several conditions that all goods sold by a trader must meet. The goods must be:

• of satisfactory quality
• as described
• fit for purpose

'Satisfactory quality' covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it does not give you any rights if a fault was obvious or pointed out to you at point of sale. 'As described' refers to any advertisement or verbal description made by the trader. 'Fit for purpose' covers not only the obvious purpose of an item but any purpose you were given assurances about by the trader. If something you buy from a trader does not meet these conditions, you are entitled to a full refund if you return the goods soon after purchase. Otherwise you are entitled to have the goods repaired or replaced, or you are entitled to a certain price reduction. You only have a relatively short period to get a full refund. After this time, you will be deemed to have 'accepted' the item. If it then turns out to be faulty, you can claim only compensation.

The Supply of Goods and Services Act (1982). This covers the work done and products supplied by tradesmen and professionals. It applies not only to builders and plumbers but to dentists, restaurants, hairdressers, in fact anybody who is supplying a service you pay for. Where installation of goods forms part of the contract and it is not carried out with reasonable skill, it will be taken that the goods do not conform with the contract. In addition you will be entitled to compensation to cover any additional cost of getting replacement goods reinstalled properly. If you have not fixed a price, you do not have to pay a ridiculously high bill. All you have to pay is what you consider "reasonable" and invite them to sue you for the rest. What is a reasonable amount would be what similar tradesmen would have charged for the job. If it is important to you that a job is completed by a certain date, fix a date for completion and state that "time is of the essence". This means that if there is a delay you can legitimately end the contract. If you do not make "time of the essence" the only thing you will have for a delay is compensation. Unsolicited goods and services Act. The Unsolicited Goods and Services Act 1971 is designed to prevent traders charging for goods you have not ordered. If you receive something unsolicited, this law states that you are under no obligation to return it. If a trader demands payment for unsolicited goods, he is guilty of a criminal offence. Consumer protection Act. Part 1 of the Consumer Protection Act 1987 allows people to claim compensation for death, injury or damage to property over £275 (apart from damage to the product itself) if a product they use turns out to be faulty. Action is usually against the manufacturer or producer, but you could sue the retailer if they will not tell you who the manufacturer is.

FAMILY LAW

Formerly, a marriage was considered as a contract based upon a voluntary private agreement by a man and a woman to become husband and wife. Marriage was viewed as the basis of the family unit and vital to the preservation of morals and civilization. Traditionally, the husband had a duty to provide a safe house, pay for necessities such as food and clothing, and live in the house. The wife's obligations were maintaining a home, living in the home, and rearing the couple's children. Today the underlying concept that marriage is a legal contract still remains but due to changes in society the legal obligations are not the same.

Marriage is chiefly regulated by the states. The Supreme Court has held that states are permitted to prescribe who is allowed to marry, and how the marriage can be dissolved. Entering into a marriage changes the legal status of both parties and gives both husband and wife new rights and obligations, which may continue, to a certain extent, even after the termination of the marriage. One power that the states do not have, however, is that of prohibiting marriage in the absence of a valid reason (for example, prohibiting interracial marriage). All states limit people to having one living husband or wife at a time. Other limitations on individuals include age and close relationship. Limitations that some but not all states prescribe are: the requirements of blood tests, good mental capacity, and being of opposite sex.

There are two types of divorce – absolute and limited. An absolute divorce is a judicial termination of a marriage. As a result of an absolute divorce both parties' status becomes single again. Typically, a limited divorce terminates the right to cohabitation but the marriage itself is undissolved and the status of the parties is not altered. Many states have introduced the notion of no-fault divorce. This is a response to outdated laws which required proving in a court that a person has sufficient grounds for the divorce.

TAX LAW

One important part of business law is tax law. The government is empowered to collect taxes from individuals and businesses and to use them for the common good - for national defense, social programs, and so forth. Tax taw affects businesses in many ways. Corporations must pay taxes on their profits. In addition, most businesses must withhold tax payments from the wages and salaries of their employees and transfer those funds to the government. Over and above taxes on profits, businesses must generally pay property taxes on the land and buildings that they own. Most businesses must also collect sales taxes on the goods and services they sell. A special type of tax, called an excise tax, is lev­ied on products used only by certain segments of the population (e.g., alcohol, to­bacco, and gasoline). These various types of taxes (corporate income, property, sales, and excise) may be levied by federal, state, or local governments.

International businesses have additional tax-related issues to contend with. For example, most countries levy a tax (usually called a duty) on goods that either enter or leave their borders. Another important form of international tax is the value-added tax, or VAT. In the United Stales, only the final consumers pay a tax on the products they buy. In many European countries, however, a tax is paid on the value added to the product at each stage of the manufacturing or distribution process. For example, a wood producer will pay a VAT on the difference in value between the cost of produc­ing wood and the price it receives for that wood from a furniture maker. The furniture maker will then pay a VAT on the difference in value between the raw wood it pur­chases and the furniture it creates. The furniture retailer will then pay a VAT on the difference between the cost and sales price of the furniture The ultimate consumer does not pay any direct sales tax, but the price paid for the furniture will reflect the VATs already paid by each merchant in the manufacturing and distribution channel.

One of the features of the UK tax system is its extreme complexity. The tax statutes currently in force cover more than 4,000 pages of print. What follows is a rough outline only. Specialist advice is essential.

Liability to UK tax is determined according to whether or not the individual, partnership or company is 'resident' in the UK. To establish residence for tax purposes, various tests are applied; for example, an individual would normally be understood to be resident for tax purposes if he is physically present in the UK for six months or more in any tax year, or if he visits the UK so regularly that his visits form part of his pattern of life or if he has some form of permanent accommodation in the UK.

The country of residence for tax purposes of a company is presently determined by reference to the place 'where the central management and control actually abides'. The residence of a partnership is determined by reference to the place where control and management of the partnership is conducted. This is not to say that a foreign cor­poration trading in the UK will not be liable for UK tax solely because it is managed and controlled outside the UK.

Дата добавления: 2015-10-29