Examination and Notification Duties in Consumer Sales Law: How Far Should We Go in Protecting the Consumer?
sellier. european law publ., 2006 - 234 pages
Is there a place for examination and notification duties in consumer sales law? According to Dutch law, there is. Other countries, such as England or Germany, oppose this view. It is therefore only fair to ask why the consumer should actually lose his rights in the event of lack of conformity of the goods if he has failed to lodge his complaint within a reasonable time. This book finds that functional arguments relating to such cut-off duties are not convincing. When introducing such duties into consumer sales law, one fails to look critically at the rationale that originated in the realm of commercial sales law. It therefore can be concluded that the answer to above question is necessarily a political one. As long as certain minimum requirements of consumer protection are not left out of consideration, there is nothing wrong with such a political choice that may well be different in different countries.
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Methodology of the research
Examination of the goods upon delivery
Nonconformity becoming irrelevant an absolute
Exceptions to examination and notification
consumer sales law
What remains? functional arguments in the light of consumer
Period of limitation
various tools to accommodate
Reflection and outlook
Table of general conditions
Arguments against examination and notification
Common terms and phrases
acceptance actually already apply argued argument Article basic become burden buyer Chapter CISG Civil claim clear Code commercial sales conformity considered consumer sales law contain context contract cut-off cut-off instruments damages defects delivered delivery discovered discovery discussed draft Dutch duty to examine duty to notify effect establish examination and notification example exception exercise fact failed final function further German give given hand History idea important instance interests introduced issue lack of conformity liability loses matter means merely nature needs non-conformity notice notification duties notify the seller opinion paragraph parties performance period period of limitation possible Principles problem procedure protection provisions question reasonable reference regime relating remains remedies requirements respect result rule Sales Directive sales law seems seller shown specific stage termination time-limit tion transactions