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Unfair Business Practices
Unfair business practices (also unfair commercial practices) describes a set of practices by businesses which are considered unfair, and which may be unlawful. It includes practices which are covered by other areas of law, such as fraud, misrepresentation, and oppressive or unconscionable contract terms. Protections may be afforded to business-to-business dealings, or may be limited to those dealing as consumers. Regulation of such practices is a departure from traditional views of freedom to agree on contractual terms, summed up in the 1804 French Civil Code as ''qui dit contractuel dit juste'' (roughly, anything contractual is fair). Canada Canadian provinces enact their own consumer protection laws which differ in scope and coverage. For example, Saskatchewan's Consumer Protection Act says: It is an unfair practice for a supplier, in a transaction or proposed transaction involving goods or services, to: (a) do or say anything, or fail to do or say anything, if as a result a consu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, such as obtaining a passport, travel document, or driver's licence. In cases of mortgage fraud, the perpetrator may attempt to qualify for a mortgage by way of false statements. Terminology Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Protection From Unfair Trading Regulations
The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) is a statutory instrument in the United Kingdom made under the European Communities Act 1972. It came into force on 26 May 2008. It is effectively the successor to the Trade Descriptions Act 1968 (c. 29), which it largely repeals. It was designed to implement the Unfair Commercial Practices Directive, as part of a common set of European minimum standards for consumer protection. Contents The regulations introduce new rules about consumer protection and the responsibility of businesses to trade fairly. It places a general duty on traders not to trade unfairly. The regulations also include a blacklist of 31 banned trading practices. Enforcement In February 2011, Safestyle UK became the first company to be prosecuted under the regulations. In an action brought by North Lincolnshire Council Trading Standards Department they were found guilty under paragraph 25 (ignoring a request not to return) and fined ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sucker List
A sucker list is a list of people who have previously fallen for a scam such as a telemarketing fraud, lottery scam, high-yield investment program, get-rich-quick scheme, or work-at-home schemes, or, as used by charities, someone who made a donation. The lists are usually sold to scammers or charities. After the list is sold, the victims may be called by scammers promising to recover the money they lost or the prize or merchandise they never received, in an advance-fee scam. An early example of sucker lists is mentioned an 18 November 1929 article in ''Time'' which described a list of people who contributed to a lobbyist fund. Yet another usage was described in the movie ''Sucker List'', a part of the 1941 United States series '' Crime Does Not Pay''. The subject of the movie are fraudulent racetrack tout A tout is any person who solicits business or employment in a persistent and annoying manner (generally equivalent to a '' solicitor'' or '' barker'' in American Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restraint Of Trade
Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of '' Mitchel v Reynolds'' (1711) Lord Smith LC said,'' Mitchel v Reynolds'' (1711) 1 P Wms 181 it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion. A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business.'' Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co'' 894AC 535 Restraints of trade can also appear in post ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misleading Or Deceptive Conduct
Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law. Section 18 of the '' Australian Consumer Law'',''Competition and Consumer Act'' 2010 (CthSchedule 2, The Australian Consumer Law which is found in schedule 2 of the Competition and Consumer Act 2010, prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive. The states and territories of Australia each have Fair Trading Legislation either containing similar provisions in relation to misleading or deceptive conduct by individuals, or simply applies the federal law to the state or territory. Section 12DA of the ''Australian Securities and Investment Commission Act'' 2001 prohibits misleading or deceptive conduct in financial services. The doctrine aims primarily to provide consumer protection by preventing businesses from misleading their customers. However, it extends to all situations in the course of trad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. Entities ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competition Policy
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies (known as trusts) is commonly known as trust busting. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anti-competitive Practices
Anti-competitive practices are business or government practices that prevent or reduce Competition (economics), competition in a market. Competition law, Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service. Anti-competitive behavior refers to actions taken by a business or organization to limit, restrict or eliminate competition in a market, usually in order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qantas
Qantas ( ), formally Qantas Airways Limited, is the flag carrier of Australia, and the largest airline by fleet size, international flights, and international destinations in Australia and List of largest airlines in Oceania, Oceania. A founding member of the Oneworld airline alliance, it is the only airline in the world that flies to all Seven Continents, seven continents, with it operating flights to Africa, Antarctica, Asia, Europe, North America and South America from its hubs in Sydney, Perth, Melbourne, and Brisbane. It also flies to over 60 domestic destinations across Australia. Qantas is List of airlines by foundation date, the world's third-oldest airline by foundation date and the oldest airline in the English-speaking world — being founded in November 1920. ''Qantas'' is an Acronym and initialism, acronym of the airline's original name, Queensland and Northern Territory Aerial Services, as it originally served Queensland and the Northern Territory. It is popularly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Consumer Law
The Australian Consumer Law (ACL), beinto the ''Competition and Consumer Act 2010'', is uniform legislation for consumer protection, applying as a law of the Commonwealth of Australia and is incorporated into the law of each of Australia's states and territories. The law commenced on 1 January 2011, replacing 20 different consumer laws across the Commonwealth and the states and territories, although certain other Acts continue to be in force. History The Australian Consumer Law was developed by agreement of the Council of Australian Governments. The ''Competition and Consumer Act 2010'' (referred to as Australian Consumer Law) was enacted into legislation by the ''Parliament of Australia'' to provide a more robust framework of protection for consumer transactions within Australia. Historically the ''States and Territories of Australia'' were responsible for their own legislation protecting the sale of goods, known as the ''Trade Practices Act 1974'', where the Australian Consum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Rights Act 2015
The Consumer Rights Act 2015 (c. 15) is an act of Parliament of the United Kingdom which consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies. Provisions for secondary ticketing and lettings came into force on 27 May 2015, and provisions for alternative dispute resolution (ADR) came into force on 9 July 2015 as per the EU Directive on consumer ADR. Most other provisions came into force on 1 October 2015. In respect of contracts under which a trader provides goods or services to a consumer, the Act replaces the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations 1999 and the Supply of Goods and Services Act 1982, making some changes to rights to return faulty goods for refund, replacement or repair, and adding new rights on the purchase of digital content. The Act is split into three parts: *Part 1 concerns consumer contracts for goods, digital content and services. *Part 2 concerns unfair t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation
In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' [1931] Question of law, statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a Contractual term, term, then the normal remedies for breach of contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
