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Jyoti Gogia
Jul 4, 20211 min read
Burden of proof in B2C and B2B contracts
A liability that the manufacturer has vis-a-vis the web-shop, unless otherwise agreed by the parties is that the product conforms with...
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Jyoti Gogia
Jul 4, 20214 min read
Privity of contract and non-conforming goods
A consumer who does not have a direct contractual relationship with the manufacturer is not entitled to sue the latter as a general rule...
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Jyoti Gogia
Jul 4, 20214 min read
Balancing of interests in B2C and B2B contracts
In the case of EasyCar (UK) Ltd v Office of Fair Trading the reference for a preliminary ruling on the interpretation of Article 3(2) of...
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Jyoti Gogia
Jul 4, 20211 min read
Passing of Risk and Delivery in B2B and B2C contracts
Goods have to be delivered within 30 days of the conclusion of the contract unless agreed otherwise by the parties. Where goods have been...
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Jyoti Gogia
Jul 4, 20213 min read
Obligation to provide information in consumer contracts
Upon mutual agreement the parties to the contract are allowed to exclude the information duties. Any ambiguities or disparities in...
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Jyoti Gogia
Jul 4, 20211 min read
Cooling-off period in B2B and B2C Contracts
The question as to when the cooling-off period commences differs from the type of contract that has been concluded. In relation to sale...
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Jyoti Gogia
Jul 4, 20214 min read
Returning the goods in consumer contracts concluded electronically
The right of withdrawal entails that the consumer may withdraw from a concluded contract with a trader within the time-span of 14 days,...
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Jyoti Gogia
Jul 4, 20212 min read
Off-premise contracts
Article 6 of the CRD determines the law that is applicable to “off-premise” and “distance contracts”. The directive also applies to...
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Jyoti Gogia
Jul 4, 20211 min read
’Opt-out’ provisions in Consumer contracts
’Opt-out’ provisions in relation to the Dutch legal system As per Article 5(3) of the Consumer Rights Directive, Member states may...
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Jyoti Gogia
Jul 4, 20212 min read
Choice of court clause in consumer contracts (e-distance)
Recital 10 of the Consumer Rights Directive states that Rome I has priority over the provisions that are stated in the CRD. Thus, the...
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Jyoti Gogia
Jul 4, 20215 min read
Requirements Consumer E-contracts & Distance Contracts
“Distance contracts” regulate the laws that bind the two parties who have concluded a contract which occurs not face to face but at a...
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Jyoti Gogia
Jul 4, 20219 min read
Customer Supply Chain Contracts
The development of trade practices over the past two decades has contributed to reduced prices of goods and their swifter supply in terms...
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Jyoti Gogia
Jul 2, 20217 min read
The difficult legal position of a web-shop in a chain of contracts from supplier to consumer
It is the contract terms between seller and producer on a B2B basis and between seller and consumer on a B2C basis which defines the...
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Jyoti Gogia
Nov 10, 20201 min read
Contract Law
Contract law binds the parties to it, that is, if one of the persons who have agreed to follow through on any of the terms of the...
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