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CRA 2015
The Consumer Rights Act 2015 is an Act of Parliament of the United Kingdom that 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 terms. *Part 3 ...
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Jo Swinson
Joanne Kate Swinson (born 5 February 1980) is a former British Liberal Democrat politician who was Leader of the Liberal Democrats from 22 July to 13 December 2019. She was the first woman and the youngest person to hold the position, as well as the holder of the post for the shortest period of time. Swinson was the Member of Parliament (MP) for East Dunbartonshire from 2005 to 2015 and 2017 to 2019. In September 2020 Swinson became Director of Partners for a New Economy (P4NE). Swinson studied at the London School of Economics, and briefly worked in public relations, before being elected to the House of Commons, becoming the youngest MP at the time. She was a Liberal Democrat Spokesperson covering various portfolios, including Scotland, Women and Equalities, Communities and Local Government, and Foreign and Commonwealth Affairs. In 2010, after the Liberal Democrats entered into a coalition government with the Conservative Party, Swinson was a Parliamentary Private Secreta ...
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Freemium
Freemium, a portmanteau of the words "free" and "premium," is a pricing strategy by which a basic product or service is provided free of charge, but money (a premium) is charged for additional features, services, or virtual (online) or physical (offline) goods that expand the functionality of the free version of the software. This business model has been used in the software industry since the 1980s. A subset of this model used by the video game industry is called free-to-play. Origin The business model has been in use for software since the 1980s. The term ''freemium'' to describe this model appears to have been created only much later, in response to a 2006 blog post by venture capitalist Fred Wilson summarizing the model:Give your service away for free, possibly ad supported but maybe not, acquire a lot of customers very efficiently through word of mouth, referral networks, organic search marketing, etc., then offer premium-priced value-added services or an enhanced version o ...
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Letting Agent
A letting agent is a facilitator through which an agreement is made between a landlord and tenant for the rental of a residential property. This is commonly used in countries using British English, including countries of the Commonwealth. In the UK, Australia, and New Zealand, the agreement between landlord and tenant is normally formalised by the signing of a tenancy agreement. A letting agency will normally charge a commission for their services, usually a percentage of the annual rent. Letting agents will often operate under the umbrella of an Estate Agent due to the synergies that exists between the two professions, but there are many agents that deal exclusively with lettings. Although there are two main types of renting, letting agents deal primarily with tenancies between private individuals and landlords. Services and fees There are a number of services offered by lettings agents, including: *An Introductory Service - Finding a tenant for a landlord's property. The c ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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United Kingdom Competition Law
United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However, if the effect of a business' conduct would reach across borders, the European Commission has competence to deal with the problems, and exclusively EU law would apply. Even so, the section 60 of the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks. * prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels. * banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many other ...
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Class Action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a US phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each damaged person brin ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ...
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Competition Appeal Tribunal
The Competition Appeal Tribunal (CAT) of the United Kingdom was created by Section 12 and Schedule 2 to the Enterprise Act 2002 which came into force on 1 April 2003. The Competition Service is an executive non-departmental public body which was created as a support body for the Competition Appeal Tribunal. Functions The current functions of the CAT are: * To hear appeals on the merits in respect of decisions made under the Competition Act 1998 by the Competition and Markets Authority (CMA) and the regulators in the telecommunications, electricity, gas, water, railways and air traffic services sectors. * To hear actions for damages and other monetary claims under the Competition Act 1998. * To review decisions made by the Secretary of State, CMA and the Competition Commission in respect of merger and market references or possible references under the Enterprise Act 2002. * To hear appeals against certain decisions made by Ofcom and the Secretary of State relating to the exerc ...
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Competition Act 1998
The Competition Act 1998 is the current major source of competition law in the United Kingdom, along with the Enterprise Act 2002. The act provides an updated framework for identifying and dealing with restrictive business practices and abuse of a dominant market position. One of the main purposes of this act was to harmonise the UK with EU competition policy, with Chapter I and II of the act mirroring the content of Articles 81 and 82 of the Treaty of Amsterdam (formally Articles 85 and 86 of the Treaty of Rome).Note: Arts 81 & 81 have since been renumbered as Arts 101 & 102 Chapter I Prohibitions Deals with restrictive practices engaged by companies operating within the UK that distort, restrict or prevent competition. These are primarily in the form of horizontal agreements (agreements to collude between firms on the same level of the supply chain such as retailers or wholesalers). These agreements could be to limit output, collusively share information, fix prices, tende ...
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Restitutio Ad Integrum
''Restitutio ad integrum'', or ''restitutio in integrum'', is a Latin term that means "restoration to original condition". It is one of the primary guiding principles behind the awarding of damages in common law negligence claims. In European patent law, it also refers to a means of redress available to an applicant or patentee who has failed to meet a time limit despite exercising all due care. In ancient Roman law, it was a specific method of praetor intervention in an otherwise-valid legal action that was viewed as especially unjust or harmful. Common law negligence claims ''Restitutio ad integrum'' is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed. Thus, the plaintiff should clearly be awarded damages for direct ...
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Expectation Damages
Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realising the value of the expectancy that was created by the promise of the other party. Thus, the impact of the breach on the promisee is to be effectively "undone" with the award of expectation damages. The purpose of expectation damages is to put the non-breaching party in the position it would have occupied had the contract been fulfilled. Expectation damages can be contrasted to reliance damages and restitution damages, which are remedies that address other types of interests of parties involved in enforceable promises. The default for expectation damages are monetary damages which are subject to limitations or exceptions (see below) Expectation damages are measured by the diminution in value, coupled with consequential and incidental damages. History In Robinson v Harman, B Parke of the Excheque ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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