At the beginning of occurrence of mankind, there was no necessity of settlement of the relations connected to sale and purchase. It occurred because there was no such wide spectrum of the goods (services) offered to the person. Eventually, all began to vary. The person has learned to simplify the life, using necessary products, services. According to one of economic laws which say, that requirements of the person in process of their satisfaction constantly grow, the individual indefatigably increased quantity of the goods and services. Through certain time, necessity of settlement of a revolution of this side of a public life has appeared. And this necessity is objective. Suppose you are buying a television set. Can you be sure that the set you take home will be of the same type and quality as the one you have looked at in the store? If the TV breaks down after you have bought it, who should pay for the repair - you, the shop or the manufacture? What should you do if you are not satisfied with the repair or with the fee that the engineer charges? If you are very unlucky and the set catches fire, who should pay for any damage to your house? These are questions consumer law. p> Each state made the big works on research of problems of the market, found optimum ways of the decision of questions. Developed the bills adequate to modern conditions of a life. But, in connection with that each country has the way of development, accordingly, and the laws regulating the relations of consumers and sellers are various.
In the given work, I shall try to illuminate in the generalized kind corresponding conditions legal relations sellers and buyers in Russia and in foreign countries.
The law and consumers: the international view
Anyone who buys goods or services, whether an individual shopper or a large business, is a consumer . However, consumer law is mostly concerned with the rights of private individuals. Consumer right is not a new concept. Pre-industrial societies throughout the world have imposed punishments on traders who overcharge or otherwise deceive their customers, even if they make honest mistakes. Bakers in Medieval England were so worried about the laws against selling underweight bread that they developed the custom of adding an extra roll free to a batch of twelve. Even today the expression В«a baker's dozen В»means thirteen of something, not twelve.
In the last thirty years, consumer law has grown at an unprecedented rate and is often studied as a branch of law in its own right. The principles of contract and tort are particularly relevant to consumer matters, but in addition to these, new legislation is passed every year to clarify the law and deal with specific problems.
Not surprisingly, consumer law has grown most quickly in wealthier industrialized countries where people are accustomed to asserting their rights and have a wide range of information available to them. In Britain, the magazine Which? has been publishing independently researched information about products, services and legal rights for thirty years, and popular television programs discuss consumer complaints. If a discontented consumer is forced to take legal action, there are judicial institutions which enable him or her to do this without spending a lot of money. In developing countries where manufactures often have low profit margins, consumers often have to accept lower standards unless they are rich or have important friends. But there are changes here, too. The Chinese government, for example, has responded to a growing demand for better quality goods by setting up special courts to deal with complaints.
It is necessary to note, that the legislation of the western countries in the field of consumer relations has practical character. All instructions of the law are embodied in a life. The consumer has rights not formal, but real. About it speak set of examples. One of them is resulted below.
Ms. Hinchen leased a new 2003 Ford Explorer from Fritts Ford on January 15, 2003. The gross capitalized cost of the vehicle was $ 45,292.52. Shortly after leasing the vehicle, she began to experience electrical problems, including an inoperable trip meter, the gas gauge registering incorrectly, illumination of a tire fault lamp, inoperable windows and an inoperable message center. She first returned to Ford authorized dealerships for her concerns with the electrical system in July 2003 when the vehicle had 13,416 miles on it. Despite repeated repair attempts by Ford dealers, Ms. Hinchen was required to return to the dealers on twelve separate occasions for these electrical problems. The case proceeded to jury trial in January 2005 in San Bernardino County. The Defendant, Ford Motor Company, contended that a non-party Ford Dealership installed the wrong ins...