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THURSDAY, APRIL 21, 1994
THE AMENDMENT BILL ALSO PROVIDES THAT IN A CONSUMER CONTRACT, IF THE CONSUMER HAS NOT BEEN OFFERED A REASONABLE OPPORTUNITY OF EXAMINING THE GOODS, HE IS NOT DEEMED TO HAVE ACCEPTED THE GOODS BY THE MERE SIGNING OF AN ACCEPTANCE NOTE.
BY THE
"THE PRACTICE OF TREATING THE ACCEPTANCE NOTE SIGNED BUYER AS REFLECTING ACCEPTANCE OF THE GOODS HAS ENABLED UNSCRUPULOUS SELLERS TO DEPRIVE CONSUMERS OF THEIR PROTECTION," THE SPOKESMAN SAID.
THE SUPPLY OF SERVICES (IMPLIED TERMS) BILL SEEKS TO CODIFY SOME COMMON LAW PRINCIPLES REGARDING CONTRACTS FOR THE SUPPLY OF SERVICES TO ENHANCE GREATER CLARITY AND OVERALL CONSISTENCY IN THEIR APPLICATION.
UNDER THE BILL, A SUPPLIER OF SERVICES IS OBLIGED ΤΟ DELIVER HIS SERVICE WITH REASONABLE CARE AND SKILL AND WITHIN A REASONABLE TIME; WHEREAS THE BUYER IS REQUIRED TO PAY A REASONABLE CHARGE.
THE SPOKESMAN SAID THE UNCONSCIONABLE CONTRACTS BILL WOULD EMPOWER THE COURT TO REWRITE OR STRIKE DOWN UNCONSCIONABLE TERMS IN CONSUMER CONTRACTS.
THE BILL SEEKS TO PROVIDE JUDICIAL GUIDELINES FOR THE COURT IN DETERMINING UNCONSCIONABILITY AND EXERCISING ITS POWER.
"WE
BELIEVE THAT THE COURTS ARE IN THE POSITION TO GRANT THE NECESSARY RELIEF TO THE CONSUMERS, HAVING TAKEN INTO ACCOUNT THE CIRCUMSTANCES UNDER WHICH A CONSUMER ENTERS INTO A CONTRACT AND THE NATURE OF THE CONTRACT, " HE ADDED.
THE JUDICIAL GUIDELINES FOR DETERMINING WHETHER A CONTRACT TERM IS UNCONSCIONABLE INCLUDE:
*
THE RELATIVE STRENGTHS OF THE BARGAINING POSITIONS OF THE CONSUMER AND THE SELLER;
WHETHER THE CONSUMER WAS REQUIRED TO COMPLY WITH CONDITIONS THAT WERE NOT REASONABLY NECESSARY FOR PROTECTING THE LEGITIMATE INTERESTS OF THE SELLER;
WHETHER THE CONSUMER WAS ABLE TO UNDERSTAND ANY DOCUMENTS RELATING TO THE SUPPLY OF THE GOODS OR SERVICES;
WHETHER THE CONSUMER EXPERIENCED UNDUE INFLUENCE, OR ANY UNFAIR TACTICS AGAINST HIM; AND
PRESSURE,
THE AMOUNT FOR WHICH, AND THE CIRCUMSTANCES UNDER WHICH, THE CONSUMER COULD HAVE ACQUIRED IDENTICAL OR EQUIVALENT GOODS OR SERVICES FROM ANOTHER SELLER.
THE SPOKESMAN SAID THERE WOULD BE A ONE-YEAR GRACE PERIOD AFTER ENACTMENT OF THE UNCONSCIONABLE CONTRACTS BILL TO ENABLE THE BUSINESS COMMUNITY TO CONSIDER THEIR USE OF CONTRACTS IN THE SALE OF GOODS AND SUPPLY OF SERVICES TO CONSUMERS AND TO MAKE ANY NECESSARY AMENDMENTS.
**WE HOPE THAT INTRODUCTION OF THE PROPOSED LEGISLATION WILL HELP ENHANCE THE BARGAINING POWER OF THE SMALL CONSUMERS,
++ HE SAID.
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