Consumer Contract Case Study

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Question no.1
The main characteristics of consumer contract:
A customer contract is an agreement between two parties a seller and a buyer , in customer contract the seller agrees to supply the buyer with goods or services which are used in person by the buyer , the buyer is considered the last user of the product or service , the customer contract usually involve finished products but they also include raw materials and services .
Features of a customer contract:
OFFER: the will to sell and go in obligation bounding due to the terms and conditions mad by him and should be legal and fair to the other party.
ACCEPTANCE: comes for the other party to whom the offer was made and all the terms and conditions are been communicated to him and he accept all of them without conditions.
CONSIDERATION: is the part where the contract terms are been
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S.12 (2)(b) this applies the right of possession for the buyer and that he has the right of possession for the product he purchased , and this term is considered as a warranty.

Question 1.c.
The section in the unfair contract terms act relating to consumer contract.
Unfair Terms
(1) any term of the contract which is not negotiated will be considered unfair, because it might arise imbalance in the contactors rights and commitments.
(2) Any term will be considered not negotiated if it was put in advance so the customer did not have the chance to understand the core of the term.

(3) in spite of the term or the aspect is been negotiated this act will apply to the rest of the contract if the evaluation of the term shows that it was made in advance type of contract.
(4) the seller will be accountable to prove that any term or condition is individauly negotiated.

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