As the incidence of fake, substandard, defective and adulterated product assumes an alarming dimension, the quality of services rendered by service providers leaves a much bitter taste in the mouths of consumers. There is a high level of infiltration of inferior and substandard products coming into the country from different parts of the world: Europe, Asia, and from other West African countries. Most of these products are substandard and dangerous to the health of Nigerians. Nigeria consumers are therefore faced with a very high possibility of purchasing fake products in the market, where second hand products are preferred to the original Abstract: This work is an appraisal of liability for defective Products under ConsumerProtectionlaw in Nigeria. It is a response to the unending exploitation occasioned Nigerian consumers due to either a complete absence of a clear consumerlaw for defective product or lack of efficacy of such protective legislation. Despite the existence of laws and regulations in the area of ConsumerProtection, the level of practical protection for consumer has remained rather low. This is due to the imbalance in power relations between the consumers and manufacturers which often leads to exploitation of the former. Consequently, there have been vehement consumer’s complaints of defective products. Although, the incidence of consumers’ complaints in this area varies depending on the nature of the product in question. However, some of these consistent complaints are issues of fake and substandard products, adulteration, underweight, engine defects and presence of foreign particles in product. Also, consumers of defective products in Nigeria are often confronted with the defense of foolproof system of production, which is a demonstration of the due diligence taken by the manufacturers or producers at every stage of the production process to ensure that the end products are safe for consumption. Our courts get easily convinced by this without taking due cognizance of the main issues in products liability cases. This work therefore seeks to determine the extent of consumerprotection afforded by the existing regulatory framework, in matters of defective products. It also advocates for systemic charges for an enhanced consumerprotection regime in matters of defective products.
Harrell also asserts that this system of individual trials is better able to address the infinite variety of fraud, duress, and abuse than a ìone size fits allî regulatory scheme. Unlike the common law, which Harrell sees as being based on the usage of market participants, consumerprotectionlaw is largely designed by legislators and regulators. Thus, Harrell views consumerprotectionlaw as the ìtop-downî imposition of their own interests and views by an elite few and fundamentally different from the common law, which bubbles up from everyone who participates in commerce.
The concept of negligence stems from the Common law system. The term “negligence” encompasses the breach of duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. 12 Negligence is multi-facet in case of professional relationships. Negligence in the medical field is very difficult to ascertain, as the degree of reasonableness is not uniform. In the United Kingdom, the issue of medical negligence was considered in great detail in the famous case of Bolam v. Friern Hospital Management Committee 13 . The decision in this case is considered as an authority for determining the standard of care expected from medical professionals. The Court held that “the case of medical negligence would lie if there is failure to act in accordance with the standards of reasonably competent medical personnel at that time and that there may be one or more proper standards and if the medical professional conforms to one of those proper standards he will not be negligent”. Hence, the Courts expressed the opinion that a doctor is not guilty of medical negligence if he has acted in accordance with the practice accepted as proper by a responsible body of medical professionals. The Court will take into account what other medical professionals would have done in similar situation while decreeing medical negligence. Hence, Bolam case laid down a pragmatic and “ordinary skilled professional standard of care” for determining the liability of the doctors. The standard laid down by the court in this case became a set principle to
Credit comes from the Roman credere which means belief or creed or creditum which means I believe. Black's LawDictionary, gives the sense that the credits are: The ability of abusiness man to borrow money, or Obtain goods on time, inconsequenceof the favorable opinion he held by a particular lender, as to his solvencyand realibility.Sedangkan according to Law No. 10 Year 1998 on changes on Law No. 7 of 1992 on Banking, Article 1 point (11), explaining that the "credit" is: "the provision of money or equivalent receivables denganitu, based persetujan or the borrowing and lending between the Bank and another party requiring the party borrower to repay the debt after a certain period of time with interest ".
(1) [implementing] drug formulary checks; (2) [incorporating] clinical lab-test results into EHR as structured data; (3) [generating] lists of patients by specific conditions to use for quality improvement, reduction of disparities, research, or outreach; (4) [sending] patient reminders per patient preference for preven- tive/follow-up care; (5) [using] certified EHR technology to identify patient- specific educational resources and provide those resources to the patient if ap- propriate; (6) the EP who receives a patient from another setting of care or pro- vider of care or believes an encounter is relevant should perform medication rec- onciliation; (7) the EP who transitions their patient to another setting of care or provider of care or refers their patient to another provider of care should provide summary care record for each transition of care or referral; (8) capability to sub- mit electronic data to immunization registries or immunization information sys- tems and actual submission according to applicable law and practice; and (9) ca- pability to submit electronic syndromic surveillance data to public health agencies and actual submission according to applicable law and practice.
As de Saint-Exupery used to say, “to be a man is, precisely, to be responsible”. Philosophers who study this area indicate that man is responsible by nature from the very beginning. There is no need to train man in the skill of responsibility, it is enough to discover this responsibility by oneself or by creating a favourable choice architecture. The term “choice architecture” was coined by Thaler and Sus- tein (2009). The essence of the term is visualised in the book cover, which shows a female elephant encouraging her toddler to keep going with a delicate nudge. The adult elephant symbolizes a choice architect whose task is to organize the context in which people make choices and to give incentives for the expected choice. Every day, individual financial decisions depend on different choice architects. One of those architects is certainly the legislator, who influences human behaviour by creating and then enforcing the law.
On the basis of examples of information that must be provided to the consumer, protectionlaw of the consumer rights has defined the cases in this context. The protectionlaw of human rights on the type of information needed to be provided by the supplier regarding paragraph 2 of article 3 has defined that the suppliers are obliged to provide necessary information including type, quality, quantity and information prior to consumption, production date and expiry of consumption for the consumer. The first chapter of e-commerce law on the basis of consumerprotection within article 33 has defined that Product vendors and service providers have to provide necessary information in consumers' decision making to purchase or accept the conditions ever since before entering into contract for consumers. These include amongst others, the name, identity, geographical address, and the electronic mail address of the service provider to make it possible to contact him rapidly and communicate with him in a direct and effective manner. These information must also be provided in a form and manner which is easily, directly and permanently accessible. Where a service provider fails to provide this information, he may be liable in damages for breach of statutory duty at the suit of the recipient of a service.
There are also substantial concerns being expressed about the usefulness of principles that suggest individuals should have the right of access and correction for data about themselves (Go- mez, Pinnick, & Saltani, 2009). Certainly, the right to challenge a factual statement about whether a purchase was made, or whether a bill was paid, represents a meaningful opportunity for the con- sumer. But how does a consumer begin to challenge the accuracy of a credit score, or more criti- cally, a prediction regarding the probability of default, or some other determination of creditworthi- ness that has been based on some complex multivariate and proprietary assessment tool?
It provides that consumers have a right to receive goods that are reasonably suitable for the purpose for which they are intended, of good quality, in good working order, free of defects, and useable and durable for a reasonable period of time. In addition, if the consumer had informed the supplier of the use he wants to put the goods to, the consumer has the right to expect that it will be suitable for that particular purpose. The Bill imposes an obligation on the supplier to issue alerts of any activity or facility that is subject to any hazard that could result in serious injury or death to consumers; notice or instructions of safe handling of goods; notice on how to inhibit any risk associated with the use of goods, and to remedy or mitigate the effects, and provide for the safe disposal of the goods. Suppliers are obligated under the Bill to accept the return of waste goods that may not be accepted in the common waste collection system. Cause 60 creates a framework for industry codes to be developed, establishing schemes of product safety monitoring and, if needed, product recall. The Commission would have authority to order an investigation and recall of any dangerous or defective products covered by any such industry code. In terms of clause 61, a producer, distributor or supplier of a good is strictly liable for any harm wholly or partly caused as a consequence of product defect or failure, with certain exceptions. The liability provided for in the Bill is in addition to any other liability of that person in terms of any law, and extends to loss arising from death, illness or injury, or loss or damage to any property. 4.9 Suppliers accountability to consumers
First, while regulation should be primarily attuned to consumers, the bureau should be keenly aware of the economics of consumer financial markets. For example, many products involve large customer-acquisition, set-up, or processing costs that are fixed for each customer, as well as marginal costs that vary with the scale of the customer’s financial activity. As a result, consumer financial products characterized by small transactions relative to fixed costs are relatively expensive to provide (Schneider and Tufano, 2007). In the market for short-term consumer credit, for example, small loans will be costly to service unless they are organized through long-term relationships that allow firms to amortize their fixed costs over many related transactions. But the pricing for most savings, investing, and borrowing products is largely based on variable elements (like expense ratios on mutual funds or annual percentage rates on loans). With single-part pricing schemes, ceilings on interest rates or charges can have the unintended effect of foreclosing the market for smaller accounts. Regulators need to understand, and perhaps even encourage, two-part pricing schemes. Furthermore, if policymakers seek to expand
Continued operation and implemented upgrades of the Prescription Monitoring Program (PMP), which protects the health and safety of the public by allowing prescribers and pharmacists to access a patient’s prescription history to help identify patterns of misuse, diversion and/or abuse. Law enforcement and regulatory personnel also have access to the program to assist with investigations related to doctor shopping, pharmacy shopping and fraudulent activity. The program conducted educational and outreach activities to the general public on prescription drug abuse, safe storage and disposal of prescription medication and taking medications safely.
The Department of ConsumerProtection (the “Department”) is a regulatory agency that protects citizens from physical injury and financial loss that may occur as the result of unsafe or fraudulent products and services marketed in Connecticut. The extent of the department’s regulatory oversight is unique in that its jurisdiction dovetails frequently with that of other Connecticut state agencies. The Department is responsible for enforcing numerous significant consumerprotection laws, including the Connecticut Unfair Trade Practices Act, the Connecticut Pure Food, Drug & Cosmetic Act, the Connecticut State Child Protection Act, the Liquor Control Act, and the Connecticut Weights & Measures Act. The agency remains vigilant against unexpected, as well as ongoing, health, safety and product-related problems. The Department of ConsumerProtection must be able to mobilize staff at any time in order to respond quickly and effectively to a food, drug, product safety, or economic crisis affecting Connecticut’s marketplace or citizens.
Notice required for certain terms and conditions (Section 49). Any notice to a consumer or a provision in a consumer agreement that purports to limit in any way the risk or liability of the supplier or any other person; constitutes an assumption of risk or liability by the consumer; imposes an obligation on the consumer to indemnify the supplier or any other person or amounts to an acknowledgement of any fact by the consumer must be drawn to the attention of the consumer in a conspicuous fashion; in plain language and before the consumer enters into the agreement or pays, whichever occurs first. From the point of view of the sale of immovable property the traditional clauses dealing with the passing of risk would be an example of a clause which would need to be properly dealt with. The same would apply to clauses in leases dealing with the tenant or the tenant’s invitees suffering harm or damage upon the property.
(b) return to the consumer in a condition substantially similar to when they were delivered all goods delivered under a trade-in arrangement or refund to the consumer an amount equal to the trade- in allowance. (2) Upon canceling a consumer agreement, the consumer, in accordance with the prescribed requirements and in the prescribed manner, shall permit the goods that came into the consumer’s possession under the agreement or a related agreement to be repossessed, shall return the goods or shall deal with them in such manner as may be prescribed.
The current state of consumerprotection consists of various facets of domestic and EU law, the latter of which developed from humble beginnings as a form of indirect regulation through a series of ‘soft law’ initiatives 33 . This development was fuelled by a desire for greater harmonisation of national consumer policy laws 34 and was facilitated by the granting of EU legislative competence to consumerprotection under the Maastricht Treaty 35 , which
At the federal level, there is a variety of legislation that has created numerous statutes to regulate consumer financial products. These acts include, but are not limited to, the Truth in Lending Act (TILA) 9 , the Fair Credit Reporting Act 10 , the Fair Debt Collection Practices Act 11 , the Equal Credit Opportunity Act 12 , the Home Ownership and Equity Protection Act (HOEPA) 13 . Each of these acts addresses a specific problem that has developed with respect to consumer financial transactions. The narrow way in which each law is tailored limits the discretion and flexibility of the agencies charged with enforcing the law. 14 This is problematic because federal agencies are often created in order to develop expertise and to alter enforcement rules based on changing market conditions. However, the majority of financial consumerprotection laws handcuff those
The Bureau’s agenda for residential mortgage regulation can be inferred from its various proposed rulemakings, requests for comments, and consumer initiatives. The Bureau is clearly focusing on broadly accepted forms of consumerprotection, such as disclosure requirements and consumer education, that address information asymmetries in the financial markets. It is also promulgating paternalistic regulations that set up bright- line rules for products and behavior in the mortgage market, and is complementing such regulations with closer supervision for formerly under-regulated mortgage market actors—the shadow mortgage banking sector.
Some of them are being mentioned here : The Indian Penal Code 1860, Indian contract Act 1872, Sale of Goods Act 1930, Agricultural produce grading and marking act 1937, Drugs and Cosmetics Act 1940, Drugs and Remedies (objectionable Advertisements) Act, 1954, Essential Commodities Act 1955, Trade and Merchandise Act 1958, Standards and Weights and Measures Act 1976, Supplies of Essential Commodities Act 1980, The Bureau of Indian Standard Act 1986, The Environment (protection) Act-1986, Banking Regulation Act 1949, Railways Act 1989, etc... These are just some names, the list is so long to be mentioned and described here. All these Acts/laws shows that government has a well - established system or a approach for the protection of consumer's interests and for creating an healthy business environment. But at the end, still it can be said that the interests of the consumer were not being