How can the US consumer law be enforced?

One of the most important problems of the consumer law is how can the law be enforced. It could be said that the majority of countries impose the consumer law by the public enforcement but in USA ,the  the private enforcement perform the principal role. It is discussed about the benefit and detriments of enforced mechanism. There are two methods which compel the law as follow

            Public Enforcement

The public agency is established to serve people by the law such as: Federal Trade Commission etc. The Government is responsible for cost of enforcement. And their decisions based on “public good”, it means the public agency contemplate the public order and social benefit. Furthermore they may use the civil and criminal punishment as a measure to enforce the law.

However, there are some detriments is that the politic influent the decision of public agency such as he has policy to protect the consumer more than the business or vice versa for the example: In 1960, John F. Kennedy said “We are all consumers” and the Democrat is elected by saying “We are going to protect consumers”

Private Enforcement 

1. Bring an action to the court by consumer

This procedure spends much more time to recover from the damages of consumer and the business may have a bad reputation and the business might be in bankruptcy from punitive damage that its cost is unpredictable. And besides, It is necessary for both sides to express much evidence to the court publicly. It means the defendants will reveal their secret of trade and they must spend a lot of money for lawyer and court fee. Nevertheless, there are some benefits from this methode.,As the independence of the court and non political and impartial, the decision can be trust by two parties. And the juries have power to use the punitive damages as a strong mean to send the warning and stop the unfair practice of the business   for the example in the case of McDonald's coffee case; Mc Donald sold hot coffee to the woman who injured from hot coffee. The jury awarded her $ 2.8 million; it has been the cause of reducing of the temperature's coffee.

2. Arbitration

The arbitration agreement is the most popular for business. Arbitration is the best way to resolution of dispute. First, the procedure is informal. Second, it’s the fast track to restore the injured consumer because arbitration is final and binding under the Arbitration Fairness Act. Third, there is no jury, so it avoids the punitive damage against businesses. Fourth, arbitration can prevent claims against businesses by imposing the consumer to spend arbitrator fee. Fifth, arbitration can get rid of class action against business .Sixth; arbitration can terminate the problem concerning the difference of  procedural rule in multilateral states[1]. Furthermore U.S. Supreme court prefers this alternative dispute resolution, U.S. Supreme Court has ruled that arbitration clauses should be free to interpret and uphold. It can save the government costs,On the other hand, the consumer can not claim for punitive damage and use class action. It raise the problem is that this method is sufficient to cease business from wrongful conduct in the next time.

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[1] John A Spanosle,Ralph  J Rohner, Pridgen and Jeff  Sovern,Consumer law case and materials,813-814

Academic Style of Report

It is useful for student to know words of report in academic writting.Its is categorized as following:

1.Neutral words

Suggest,implied,indicate,define,claim,examine,imply,believe,explain,introduct,describe,opined,indicate,mention,state,argue,analyse,concluded, thought ,presented ,explored ,showed ,view ,found ,reported ,add and so on.

2.Stronger words

Demonstrate =a bit strong report

Assert ,insist = very strong  report

Smoking ban law in England

The health Act 2006  provide smoking in the public area is illegal,However its interdiction does not include the walking street like Northumberland street of Newcastle upon Tyne which a lot of people travel .Its protection seem not to be enough for non smoker. 

The Affect of Currency War

In the last three month of 2010, Asian country is going to face the appreciation of currency[1] causing from pumping US dollar in economic system. Thai Baht raise 11% against US Dollar, It is strongest level since 1997 .Thai exporters need to reduce the price to compete exporters of other countries .Thai central bank will remove the tax exemption for foreigners on income from domestic bonds in order to reduce the intensive inflow and hold or cut the key interest rate. Some Thai expert aware that the capital influx is not real invest, it comes to make illusion in stock exchange and disappear in the short time .It may affect the economic crisis.[2]

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[1] Condition which make  currency of one country more value comparing with US dollar or other currency of countries

[2] Bloomberg Business week, ‘Thailand May Avoid Higher Rate as Strong Baht Threatens Exports’

<http://www.businessweek.com/news/2010-10-18/thailand-may-avoid-higher-rate-as-strong-baht-threatens-exports.html> accessed on 25 October 2010

Is Fairtrad fair?

Since its long history, Fair trade has been used in many different meaning. However, FINE which is an informal organization of the four main fairtrade networks, created the definition in 2001: “Fair Trade is a trading partnership, based on dialogue, transparency and respect that seeks in greater equity international trade. It contributes to sustainable development by offering better trading condition to, and securing the rights of, marginalized producers and workers-especially in the South. Fair Trade organization (backed by consumers) are engaged actively in supporting producer, awareness raising and in campaigning for changes in the rules and practice of conventional international trade”

The advantages of Fairtrade are as following:

1.      To resolve the exploitation between capitalists and producers.

2.      To encourage the consumers to buy the fair-trade products in order to help the producers

3.      To encourage the producers and consumers to protect the environment and  to support  labor’s justice treatment.

The disadvantages of Fairtrade are as following:

       1. The fairtrade products are expensive and inferior qualities.

       2. The problem of Fairtrade confront is that it does not reflect the market realities for the example guaranteeing a price to the agriculturist seem to be simply putting additional costs into the entire process and launch the incorrect signal to the agriculturist.

       3. Payment goes to the producers late.

       4. Gender prejudice

In conclusion, the defect of Fairtrade has less weight than its advantage. The Fairtrade should teach technology to third world workers, improve the management more efficiently and promote female to reach the high position in its organization.[1]

  

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[1] Matthias Schmelzer, ’In or Against the Market ,”Is Fair Trade a neoliberal solution to market failures or a practical challenge to neoliberal trade and the free market regime in general?”[2006]Page 19

The German heiress vs UK law on Prenup

The Supreme Court is holding an important divorce case which may overrule a long-standing legal principal.It is German heiress and her French ex-husband.In this case,one of the most interesting issue is whether their pre-nup should be imposed.
http://www.guardian.co.uk/law/afua-hirsch-law-blog/2010/oct/19/radmacher-supreme-court-prenuptials-unlikely-to-change

The Meaning of personal data under the Data Protection Act 1988

 I searched the information about the workshop 2 .Task 2 (b).I found the answer is in Data Protection & Compliance in Context ,author is Stewart Room which published in 2007,On the page36 stated as following

Convention “Personal data” mean any information relating to an identified or identifiable individual (‘data subject’)[1]

Directive “Personal data “shall mean any information relating to an identified or identifiable natural person(‘data subject’);an identifiable person is one who can be identification number or to one or more factors specific to his physical ,physiological, mental , economic, cultural or social identity;[2]

DPA “personal data” means data which relate to a living individual who can be identified-

(a)    From those data ,or

(b)   From those data and other information which is in the possession of ,or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual;[3]

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[1] Council of Europe’s Data Protection Convention 1981

[2] EC Data Protection Directive 1995

[3] Data Protection Act 1984

Consideration

In common law system, an agreement made without consideration ,cannot be  enforced unless done in deed under seal.[1]

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[1] Jill Pole, Textbook on Contract Law page 129