scholarly journals Regulating Misleading Advertisements: Legal Provisions and Institutional Framework

2001 ◽  
Vol 26 (2) ◽  
pp. 51-58 ◽  
Author(s):  
D P S Verma

In view of its adverse effect on consumer welfare, misleading advertising is sought to be regulated in most of the countries of the world. This note presents the legal provisions and institutional framework that regulate misleading advertisements in our country such as the MRTP Act, the Consumer Protection. Act, etc.

Obiter ◽  
2014 ◽  
Author(s):  
Neville Melville ◽  
Tanya Woker

In spite of the sea change over the past sixty-odd years in the way we shop, from a personal interaction with the local shopkeeper to a cashierless self-checkout, and the billions of transactions that take place daily in stores and supermarkets around the world, there is a dearth of legal precedent regarding the legal mechanics of these transactions. This is particularly so as far as determining the very important practical issue of at what point the sale is perfecta (irrevocably concluded) is concerned. For example, a consumer receives a catalogue from a well-known store in which a flat screen television is advertized on special for R599. Well knowing that such television sets are normally sold for over R6000 the consumer rushes off to purchase a set only to be faced with a large sign which reads as follows: “Unfortunately the advertised price was incorrect, the correct price is R5 999. We apologise for the inconvenience.”A slightly different scenario is where the consumer is only informed of this mistake after she has removed the television set from the shelf and taken it to the cashier who proceeds to ring up the price of R5 999. When the consumer points out that this is not the advertised price the cashier informs her that a mistake was made and that in fact R5 999 is the correct price. Is there a point in time when the supplier, despite a mistake, may be bound by the advertised price? (The purpose of this article is to consider the point in time when the contract is regarded as perfecta. The scenario set out above may also constitute bait-advertising. This is an issue which we intend to consider in our next article.) It is against this backdrop that we attempt to provide some guidance to those who are obliged to comply with the provisions of the Consumer Protection Act, relating to displayed prices.In doing so, we shall consider the extent to which the Roman-Dutch-based common law has been influenced by English Law in this area of consumer protection. Reference will be made to the principles of the common law regarding the formation of a contract (particularly the point at which the contract comes into effect), quasi consent and mistake as well as relevant foreign precedent. We shall then deal with the changes brought about by the CPA.


2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Rochani Urip Salami ◽  
I Ketut Karmi Nurjaya ◽  
Krisnhoe Kartika

Nowadays, the issue of consumer protection in Indonesia has encompassed various fields of social life, nd without any exemption, the isuue of transportation is include thereof. Transportation is one of the factor that able to determine the succes of state’s economic. Transportation is executable through land, air and water. One of the forms of services in land transportation is the transport of package in Purwokerto that run the area of document. This research usesd the method of normative approach, eith the intention to conclude the legal protection toward the consumer of PT Kerta Gaya Pustaka package transport service branch in Purwokerto, considering that PT Kerta Gaya Pustaka is one of the parties in the world of bussiness that has obligations to perform its bussiness in conformity with the principles and provisions in the consumer protection act (UUPK) as well as possible and with liabilities. Kata Kunci : Perlindungan Konsumen, jasa Pengiriman dokumen


2013 ◽  
pp. 147-158
Author(s):  
V. Kulakova

We study the reform of financial regulation initiated by the Dodd—Frank Wall Street Reform and Consumer Protection Act of 2010. Major factors impeding Obama’s financial and economic policy are explored, including institutional difficulties, party warfare, lobbyism, and systemic inconsistencies of international financial regulation. We also examine challenges that are being faced by economic and political sciences due to the changes in financial regulation and also assess the level of radicality of the financial reform.


2020 ◽  
Vol 7 (2020) (2) ◽  
pp. 1-11
Author(s):  
Milson Xavier ◽  

he Coronavirus pandemic that spread around the world in the first half of 2020 brought impacts to society that will be registered for an extended period. In this paper, the effects showed an impossibility to maintain the progress of mineral research made by professionals in the academic and scientific areas. In an attempt to find justifications in the legal order of the mineral industry, to continue the work, it was faced with imposing environmental legislation that made a claim even more difficult. It was found that the Mining Code in place no longer regulates the activities of extraction of mineral specimens for museums, educational establishments and other scientific purposes. This left the legal security tied only to the interpretation of legal provisions in articles of the code and its regulation, as well as procedure manuals for environmental inspection bodies, and therefore, subject to the consequences of legal disputes with final decisions in higher courts, given the claim of superiority of the environmental issue over mining. Keywords: Coronavirus, pandemic, environmental legislation, mining code


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