Conflict Resolution - Leaving Cert Business

1. Conflict Resolution:

There are 2 ways of resolving conflict legislative and non-legislative.

Non-Legislative methods of solving consumer conflict:

This means that the consumer and the shop try to solve the conflict without referring to the law or any legal agency.

Negotiation:

Negotiation is a process of bargaining to try and reach a mutually acceptable solution to the conflict.

Consumers association of Ireland:

An interest group for consumers, with the aim that consumers get good quality products and services and good value and that consumers know their rights. Lobbies the Government.

Legislative methods of solving consumer conflicts:

This means that you try to resolve the conflict by referring to the law or a legal agency.

Sale of goods and supply of services act, 1980

When you buy goods you have 4 rights under the act.

1.    Merchantable Quality.

2.    Fit for their purpose.

3.    As described.

4.    Identical to any sample shown.

Redress: RRR – Refund. Replace. Repair.

When you buy services you have 4 rights under the act.

1.    Supplier is qualified

2.    Supplier must provide service with proper care.

3.    All materials are of good quality.

4.    All goods sold as part of service are of merchantable quality.

Redress: RRR- Repair, Replace, Refund

The retailer is always legally responsible for solving the consumer’s complaint.

The retailer cannot put up any signs that give the impression that ha consumer has no legal rights. ‘no refunds’ etc.

Guarantees cannot take away a consumers legal rights against the retailer, they can only give extra protection to the consumer.

Evaluation of the Sale of goods and supply of services act 1980:

The law does a good job protecting consumers as:

It ensures that consumers get their money back if a product of service is not up to legal standards.

Furthermore, consumers cannot be fooled into thinking they must accept a credit note instead of a refund by retailers who put up signs to that effect.

The small claims court.

The small claims court is a court that handles consumer claims easily, quickly and cheaply. Without involving a solicitor. A consumer who cannot sort out a dispute with a business can take the business to the Small claims court.

Up to €2000/ No more.

Fee of €15

If the business contests, both sides are brought together for a meeting by the Small Claims Register to try and solve the dispute.

If the Small Claims Registrar cannot solve the complaint, the case is brought to the District court. Judge listens to evidence and makes judgment.

4 weeks for redress if business is found guilty.

The small claims court is effective because:

·      Consumers get justice easily, quickly and cheaply, without involving a solicitor.

·      Every consumer in Ireland can get justice locally.

·      Small claims online is a excellent service, take a case at anytime