Professional Documents
Culture Documents
Professeur titulaire
Directeur du CRDP
Facult de droit
universit de montral
chaire L.R. Wilson
www.gautrais.com
je me souviens
remember
management of change
2006 2009
bill 48
bill 60
2 ways to protect
11
aristotle
plato
consumer protection =
processual element
1A
Print /
Retain 54.4
2
3
4
5
6
Chargebacks
54.8
Resolution
54.8
Transmission
54.7
Evidence
54.6
Accept before
54.5
Inform before
54.4
1
7
a) The merchants name and any other name under which the merchant carries on business ;
b) The merchants address ;
c) The merchants telephone number and, if available, the merchants fax number and technological
address ;
d) A detailed description of goods or services that are to be the object of the contract, including
characteristics and technical specifications ;
e) An itemized list of the prices of the goods or services that are to be the object of the contract,
including associated costs charged to the consumer and any additional charges payable under the
Act ;
f) A description of any possible additional charges payable tp a third party, such as customs duties
and brokerage fees, whose amounts cannot reasonably be determined ;
g) The total amount to be paid by the consumer under the contract and, if applicable, the amount of
instalments, the rate applicable yo the use of an incidental good or service and the terms of
payment;
h) The currency in which amounts owing under the contract are payable if not Canadian dollars ;
i) The date on which, or the time within which, the merchants principal obligation must be
performed;
j) If applicable, the mode of delivery, the name of the carrier and the place of delivery ;
k) The applicable cancellation, rescission, remurn, exchange and refund conditions, if any, and ;
l) Any other applicable restructions or conditions.
54 in fine
protection = information
54.4 in fine
print / retain
hybrid proof
(written / online)
France
54.6
54.7
Inform
54.8
Accept
The consumer may cancel the contract within seven days after receiving
a copy if :
a) the merchant did not disclose to the consumer the information described
in section 54.4;
b) the merchant did not provide the consumer with an express opportunity ,
before the contract was entered into, to accept or decline the proposal or to
correct any errors;
c) the contract does not meet the requirements of section 54.6.
If the merchant does not send a copy of the contract to the consumer within
the time provided for in section 54.7, the consumer has 30 days, as of the
date the contract is entered into, in which to cancel the contract.
Send copy
Acknowledge
receipt
54.14
If the merchant defaults on the obligation to
make a refund under section 54.13 and the
consumer has paid by credit card the consumer
may, within 60 days following the default,
request the card issuer to chargeback all
amounts paid under the contract and any
accessory contract, and to cancel all charges
made to the consumers account in relation to
those contracts.
1B
does it works ?
1
maybe not so much !
2
maybe not so much
so few jurisprudence
3
maybe not so much
i have a dream
http://www.gerv.net/writings/poetic-licence/bsd.html
i have a dream
i have a dream
will revival
consumer protection =
substantial element
2A
bill 48
2006 changes
1
arbitration clause
booh !
Wrong
Wrong
2
offer definition
(54.1 LPC)
bill 60
2009 changes
1
unilateral amendment by the merchant
Exhaustive
list
Inform
beforehand
Give the
possibility to
repudiate
Option to repudiate
Possibility to repudiate
General power
of amendment
Inform
beforehand
Option to
repudiate
No information
to the customer
2
contracts involving sequential
performance for a service provided at a
distance - notably cellular providers /
contrats excution successive de
service fourni distance tlphonie
cellulaire
mandatory stipulations
Art. 214.2 C.P.A
- Applied restrictions on
the use of the service ;
- Statement as to the
calculation of the
cancellation indemnity
- Manner to obtain
information on services
not provided under the
contract ;
- Term and expiry date of
the contract.
evidenced in writing
Expiry date :
no implied
reconduction
unless for an
214.4 C.P.A
unfixed term.
Initial duration of the contract
Reminder
At any time,
to for any reason, the consumer may cancel the
the
contract
consumer
by notifying the merchant.
between
Fixed-term
90 contract : pre-calculated cancellation indemnity
and
is applicable;
60 days
prior
Unfixed-term
to the
contract : no cancellation indemnity unless
expiry
rebatedate
on the sale price of the goods purchased in
consideration of the service offered.
so, cancellation is
possible
but at what price ?
ex1
termination after 5
months:
Maximum indemnity =
90 (90 X (5 : 24)) =
71 $ max
ex2
termination after 5
months:
Maximum indemnity =
50 or (10% X (19 X 20)) =
50 or 38 $ max
ex3
termination after 30
months:
Maximum indemnity =
90 (90 : 48) X 30) =
34 $ max
vague
looks great !
booh !
3
recours
316
316. If a person has engaged or engages in a practice
prohibited under Title II or a merchant has included or
includes in a contract a stipulation prohibited by this
Act or a regulation, or has included or includes a
stipulation inapplicable in Qubec that is referred to in
section 19.1 without complying with that section, the
president may apply to the court for an injunction
ordering the person to cease engaging in the practice or
ordering the merchant to cease including such a
stipulation in a contract, or to comply with section 19.1.
but
no general effect
2B
i have a dream
Professeur titulaire
Directeur du CRDP
Facult de droit
universit de montral
chaire L.R. Wilson
www.gautrais.com