"Contracts of Sale: Terms, Conditions and Warranties with Special Reference to Sale of Goods Act, 1930" Free Download

SANKALP JAIN, Delhi High Court

A condition is a term that is so essential to the agreement that its breach is considered to be a substantial failure to perform the contract. A breach of a condition is said to go to the root of the contract. A warranty is a term of contract that is not so essential. A warranty must be performed, but a breach of it is not considered to go to the root of the contract. This meaning of warranty should not be confused with other uses of the word such as in “one-year maintenance warranty�. Damages are the remedy for breach of a warranty.

"Share, Own, Access" Free Download

SHELLY KREICZER-LEVY, Academic Center of Law and Business

Ownership, the cornerstone of property law, is losing its prominence. Prompted by the sharing economy, digital asset-sharing and political consumerism, individuals now use, enjoy and engage with property in different ways. They share, own, and access. Access allows consumers to engage in short-term, casual use of assets on an as-needed basis. Share is a cooperative form of consumption based on participation and collaboration in the enjoyment of property (e.g., community lending libraries).

This article argues that new consumption trends present an opportunity to re-imagine property. The new consumption era is a unique formative moment in public, political and legal discourse. It reinvigorate the interest in the use capacity of things. Access and share are normatively valuable alternatives to ownership that focus on use instead of control. They are forms of property relations that stand outside of property, challenge it and validate it. In particular, access reflects a choice not to have property (own or lease) but rather have a casual, short term, unattached relation to property. The law, however, makes it difficult to choose access and share and continues to privilege ownership and long-term possession. Accordingly, the article calls for reconsidering insurance, tax, tort and antidiscrimination laws. Once the article's theoretical and normative argument is accepted, regulators will need to evaluate other market and community effects.

"Consumer Protection Vis-A-Vis Banking Sector: Cheque-Mating Cheque Related 'Deficiency in Service'" Free Download

SANKALP JAIN, Delhi High Court

“Consumer� includes a person who hires or avails of any service for a consideration. Thus, a customer of a bank who has a bank account with the bank or a person who purchases a bank draft, hires locker facility or obtains bank guarantee from a bank are all “consumers� and can prefer complaints under the Act for “deficiency in service� on the part of the bank or for “restrictive trade practice� or “unfair trade practice� adopted by the bank.

"Modern Identity Protection: A Multifaceted Response to a Surreptitious Threat" Free Download
Singapore Law Review, 2015

SIAW HUI, National University of Singapore (NUS), Faculty of Law, Students

Technology and the Internet are driving the flow of information. Fears of identity theft are growing, and this article seeks to unpack the corresponding safeguards. It examines how identity theft seizes control of personal information and uses it to impersonate another. It suggests that identity theft is not an isolated event but a culmination of multiple acts. The problem of identity theft should be tackled holistically: law reform should anchor a multifaceted strategy that engages society in public discussion.


About this eJournal

This eJournal distributes working and accepted paper abstracts of articles, recently published articles, books, legislative reports, conferences, and other publications that address issues of interest to consumer law scholars and practitioners. Coverage includes legal issues pertaining to advertising, consumer reporting (including credit repair organizations), discrimination (including redlining), consumer disclosure (such as the Truth in Lending Act, the Real Estate Settlement Procedures Act, and consumer leasing), consumer fraud (including issues arising under the Federal Trade Commission Act, state UDAP statutes, odometer laws, referral sales, and bait and switch statutes), unconscionability, standard form contracts, consumer privacy (including telemarketing, spam, spyware, phishing, direct mail, financial privacy, common law privacy torts in consumer transactions, and online privacy), identity theft, data protection, cooling off rules (including door to door sales regulation), payment systems (such as credit and debit cards, internet payment issues, stored value cards (including gift cards and phone cards), and electronic transfers), warranties (including UCC warranties, lemon laws, and the Magnuson-Moss Warranty Act), consumer product safety, commercial speech doctrine, debt collection, repossession, predatory lending (including asset-based lending, equity stripping, flipping, balloon payments, negative amortization, loan packing, rate-risk disparities and yield-spread premiums), payday lending, usury, credit insurance, electronic shopping (including electronic signatures and records, formation of contracts, and payments), the holder in due course regulation, mortgages, student loans, repossession, foreclosure, regulation that pertains to consumer markets and enforcement of consumer laws (including class actions, preemption, arbitration, administrative enforcement, small claims courts and attorney's fees). The eJournal does not cover landlord-tenant issues or criminal law. The eJournal welcomes a broad range of methodological approaches, including conventional doctrinal analyses, law and economics approaches, historical discussions, socio-legal analyses, law and society approaches, discussions of consumer psychology that bear on legal issues, international law analyses and comparative law approaches.

Editor: Jeff Sovern, St. John's University


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Advisory Board

Consumer Law eJournal

Associate Dean, Director - Consumer Law Center, Dwight Olds Chair in Law, University of Houston Law Center

Roger Henderson Professor of Law, University of Arizona - James E. Rogers College of Law (deceased)

Professor of Law, Georgia State University College of Law

George Alexander Madill Professor of Contracts and Commercial Law, Washington University in Saint Louis - School of Law

Professor of Law, Oklahoma City University - School of Law

Professor of Law, Ohio State University - Michael E. Moritz College of Law

Associate Dean and Professor of Law, University of Wyoming College of Law

Professor of Law, University of Kent, Canterbury - Kent Law School

Professor of Law, Catholic University of America - Columbus School of Law

Associate Dean for Intellectual Life and Professor of Law, Hofstra University School of Law