Sales Law Research Articles

Examining the Efficacy of the Law of Sale of Goods and Supply of Services Act 2017 in the Lens of Consumer Protection in Uganda

This study investigates the effectiveness of the Sale of Goods and Supply of Services Act 2017 on consumer protection by examining the legal framework governing it at the national and international levels. Findings reveal that Uganda’s consumer protection law falls short and even the available laws do not protect consumers extensively. This Act also does not cater for any redress system for consumer disputes, rights, and remedies of a consumer, and it is upon such a critical analysis that one can conclude that there is an urgent need to protect consumers in Uganda, mainly by setting up a redress system for consumer dispute resolution. More legislation should be enacted and passed, and consumer rights should be enforced since they are intrinsic to any democratic state, and this will lead to economic development. In light of the observations, the article recommends that the government of Uganda amend the law to include the e-commerce provisions that protect consumers on digitally procured products, both intangible and tangible, which give clear and full protection to consumers against fault-sold digital content products. More so, the government of Uganda should amend the Sale of Goods and Supply of Services Act to clearly define “goods” to also expressly cover digital products and clearly stipulate the mode of digital transactions since such goods are different from ordinary goods that the consumer is able to examine before purchasing them. Keywords: Sale of Goods and Supply of Services, and consumer protection

Estimating Young Adult Uptake of Smoking by Area Across the United Kingdom.

There is majority support in parliament and across the United Kingdom to implement a "smoke-free generation" policy which would mean people born on or after January 1, 2009, could never legally be sold tobacco. To explore the potential impact this policy could have, we estimated the number of young adults (18-25 years) currently taking up smoking each year by area across the United Kingdom. Using data from the Office for National Statistics (ONS), Annual Population Survey (APS), and Smoking Toolkit Study (STS), we estimated the total number of 18- to 25-year-olds taking up smoking each year, based on national estimates of population size (ONS) and the proportion who reported ever having regularly smoked (STS). We used local data on adult smoking rates (APS) to apportion the national estimated number of young adults taking up smoking to specific areas. Around 127500 18- to 25-year-olds in the United Kingdom start smoking regularly each year (~350 each day); 105700 each year in England, 11500 in Scotland, 6500 in Wales, and 3800 in Northern Ireland. Uptake estimates varied across localities: for example, North East Lincolnshire had the highest proportion of young adults taking up smoking each year (3.9%) and Wokingham had the lowest (0.9%). Despite reductions in smoking prevalence over recent decades, hundreds of young adults in the United Kingdom start smoking every day. Data on rates of uptake among individual local authorities can be used to focus attention locally prior to the introduction of new age of sale laws.

Electronic cigarette use and consumption patterns in medical university students.

A major public health hazard is youth e-cigarette use. Although new, e-cigarette health hazards are becoming well-known in the literature. E-cigarette sale restrictions and laws differ globally. In this cross-sectional study, we studied medical university students' tobacco and e-cigarette use and characteristics in a country where sales and import of e-cigarettes are banned. The primary objective is to determine the prevalence of electronic cigarette use and understand consumption patterns among medical faculty students in this setting. The questionnaire was sent using a web-based student information system. Sociodemographic features, tobacco and e-cigarette use, consumption patterns, and e-cigarette risk perceptions were covered in 54 questions. The study comprised 1,054 students (48.7% male) aged 21.5 ± 2.6 years who completed the questionnaire. 37.7%, 20.9% and 23.6% have smoked cigarettes, e-cigarettes, or water pipes. Current cigarette smokers were 17.0%, e-cigarette users 4.0%, and water pipe smokers 4.5%. E-cigarette users were 52.3% dual smokers. The most common symptoms reported by e-cigarette users were cough (58.4%) and dyspnea (54.2%). Multivariable models showed that the male sex, greater monthly income, and a current smoker friend were independent risk factors for e-cigarette ever use, while the male sex, paternal current smoking, and close friends' current smoking status were risk factors for dual use among medical trainees. Many medical students who used electronic cigarettes underestimated nicotine's health hazards and harmful chemicals in e-cigarettes. Despite e-cigarette sales being prohibited in our country, 56.4% and 25.4% of e-cigarette users provided e-cigarettes from tobacco shops and through online sales, respectively. Medical university students use tobacco most often by smoking cigarettes. Despite medical university students being aware of the health hazards of e-cigarettes, the current use of electronic cigarettes is 4.0%. Male sex, greater monthly income, and having current smoker friends are independent risk factors for e-cigarette use, while paternal smoking is a risk factor for dual use among medical trainees. Although in the country, sales of e-cigarettes are banned, ever-use rates for e-cigarettes were remarkably high at 20.9%, and the ease of accessing e-cigarettes was striking.

Rethinking non-conformity of a serious nature: From the CISG and the PICC’s concept of fundamental breach towards a Nachfrist principle—learning from the amendments to Catalan sales law’s cure regime

Abstract Whereas the European Commission’s endeavours to codify European contract law are at an impasse, the harmonization effect of European Union (EU) Directive 2019/771 should not be under-estimated. Such effect extends beyond consumer legislation and is particularly remarkable in EU jurisdictions that did not enact ad hoc consumer acts. This article takes the amendments to Catalan sales law after the transposition of Article 13 of the Directive as a benchmark. It delves into the recently introduced seriousness threshold under Article 13(4) lit. (c) of the Directive as an additional basis for contract avoidance in case of the delivery of non-conforming goods. The article further discusses whether such a serious nature threshold should (or can) coexist with the previous notion of fundamental breach and rethinks the contours of these legal thresholds from a cure perspective.

Nochmals zu D. 19,1,23 (Iul. 13 dig.) = Iul. 221 Lenel

Summary Julian’s solution of a sales law case as transmitted in D. 19,1,23 has often been described as erroneous, leading to a purchaser’s double compensation ex empto. It has been suggested that the fragment is interpolated and Julian was originally talking about actio fiduciae. Avoiding both an error by Julian as well as the suspicion of interpolation, this article tries to give another explanation, reinforcing aspects that have already been emphasized within the long lasting scholarly discussion and proposing a reconstruction of a lost element of Julian’s text.

Ban on New year's Fireworks Reduces Severe Hand Injuries: A Nationwide Multicentre Study On The Prohibition Of Pyrotechnics Due To Covid-19 Restrictions

Injuries caused by explosions or pyrotechnic devices can lead to severe hand injuries with potential long-term consequences for both the affected individual and the healthcare system. The implementation of a nationwide ban on fireworks during the New Year festivities was only temporarily enforced as part of the protective measures during the Covid-19 pandemic. These two exceptional years provide an opportunity for evaluation as a model experiment to demonstrate the impact of a fireworks ban on the frequency of explosion-related hand injuries. In a multicentre study, five German hand trauma centres retrospectively collected and analysed all pyrotechnic-related injuries that occurred within seven days around the New Year celebration between 2017 and 2023. Severe hand injuries from explosions were significantly less frequent at New Year celebrations during the pandemic period compared with data collected in the years before and after Covid-19. After the return to regular sales laws and celebrations in December 2022, a significant increase in injuries was observed, surpassing even the pre-Covid period. Epidemiological data confirmed a high proportion of minors and male victims. The highest number of injuries was observed on New Year's Eve and the first day of January, with adults mainly being injured during the festivities, while children and adolescents were mainly injured during the first days of January. A national ban proved to be an effective method to prevent severe hand injuries caused by explosive devices and their lifelong consequences. The data obtained in this multicentre study can serve as a basis for informed policy action.

Research On the Sales Law and Replenishment Decision of Vegetable Products Based on Statistical Analysis

Research On the Sales Law and Replenishment Decision of Vegetable Products Based on Statistical Analysis

Unity and Diversity in Ancient Greek Law

In the twentieth century there were several works that assumed the essential unity of Greek Law: Griechisches Bürgschaftsrecht by J. Partsch, Griechisches Privatrecht auf rechtsvergleichender Grundlage by E. Weiss, and The Greek Law of Sale by F. Pringsheim. In a review of Pringsheim’s book, and in an essay on the topic, however, M.I. Finley challenged the notion of the unity of Greek Law. Finley observed that the Greek world was divided into hundreds of different city-states, each with its own political institutions, laws, and legal procedures. According to Finley, there was just too much diversity in the laws of the Greek city-states to justify any discussion of ‘Ancient Greek Law’ as a unified body of statutes and legal concepts. He did however allow that there might have been some unity in commercial law. More recently, M. Gagarin has claimed in the Cambridge Companion to Ancient Greek Law that there was unity in the laws of the Greek poleis in respect to procedure but not in respect to substantive provisions. This essay revisits this issue and shows that there was a considerable amount of unity in the laws of the Greek poleis in substantive and constitutional matters. The article examines several areas of unity: marriage law, contracts, real security, the status of freed persons, the accountability of officials, and the relationship between Council and Assembly. It will also examine the unity of Greek law in regard to legal terminology. On the other hand, it will show that there was considerable diversity in legal procedures, which often varied according to the political constitution of a state.

Optimizing the Sales Law and Replenishment Decision Analysis of Fresh Supermarket Products

In the field of fresh food supermarkets, due to the relatively limited shelf-life of vegetable products, their quality will gradually deteriorate with the sales time. Therefore, supermarkets need to perform daily rationing replenishment operations based on the historical sales data and demand of the products. This paper is based on the collected product information of vegetable categories, detailed vegetable sales flow data, wholesale prices of vegetable products, and recent vegetable product wastage rates. Data analysis and visualization techniques are used to analyze the distribution pattern of vegetable sales in each category and single product. Next, a functional relationship between total sales volume and cost-plus pricing of vegetable categories was constructed. Regression forecasts were used to simulate the future wholesale prices of vegetable categories.

The history of the purchase examination of horses – Part III: The development of the purchase inquiry in the 20th century, the introduction of the new Sales Law on 1 January 2002, and the consequences for veterinarians and the purchase of horses

The history of the purchase examination of horses – Part III: The development of the purchase inquiry in the 20th century, the introduction of the new Sales Law on 1 January 2002, and the consequences for veterinarians and the purchase of horses

REFORMA POTROŠAČKOG PRAVA PRODAJE – IZAZOV ZA BOSANSKOHERCEGOVAČKO PRAVO

The paper deals with the analysis of certain provisions of the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods, which mo- dernized the consumer sale law in the light of the changes brought by digitalization. Digitization has imposed the need to create new legal rules, which are based on con- ventional concepts, only adapted to the requirements of goods with digital elements. The aim of the paper is to point out certain novelties in relation to the solutions of the repealed Directive 1999/44/EC by analyzing selected definitions and provisions of Directive (EU) 2019/771. Recently granted candidacy status to Bosnia and Hercegovi- na is the right moment to open up again the issue of harmonization of national legal rules in the field of consumer protection with the acquis, and to raise the question of the right direction of the reform of consumer sales law. Key words: Directive (EU) 2019/771, goods with digital elemenst, harmonization, sa- les law reform.

Motivations underlying farmers’ management decisions and willingness to adopt sustainable practices: A case study of the northeastern United States

Agriculture has a significant impact on environmental health and quality, and management decisions made throughout the food supply chain greatly influence these impacts directly or indirectly. However, farmers' influences which shape their management decisions are not well understood. In this study, we surveyed 65 apple orchard owners/managers in the northeastern US to explore their current management practices and whether their willingness to implement new, sustainable management practices are influenced by their values and perspectives related to the environment. We found that those who wish to support their communities and act as leaders in their field are more likely to be using sustainable management practices. Willingness to adopt new sustainable practices was strongly correlated with individuals who acknowledged the large negative impacts that conventional agriculture has on the environment. We also explored the key influencers and inhibitors behind current and potential hard apple cider production and found that while consumer demand and potential for increased profitability provided the largest draw, concerns regarding alcohol sale and distribution laws acted as a key inhibition. These findings help us understand how agricultural community and policy can build upon farmers' pre-existing values and perspectives to better assist sustainable orchard management. Findings suggest agricultural policies and economic incentives should be aligned with farmers’ values and perceptions and allay their concerns to achieve sustainability goals. This support could also help avoid further environmental detriment, while backing rural development and regional growth through apple and hard apple cider sales.

Breach of Contract: A Converging Concept and Its Future in Civil Law

The purpose of the research is to analyse the convergence of the concept of ‘breach of contract’ as construed under common law and civil law and to identify potential paths for further development of civil law in this field. I find that the common law’s approach to breach of contract is better suited to meet the needs of sophisticated contracting parties and that certain signs of civil law’s move towards the common law approach should be viewed as an indication of a general trend. Common law traditionally applies a broad and uniform notion of breach of contract. It encompasses circumstances that would not fall within the scope of the ‘non-performance of an obligation’ under civil law. The reason therefore is that civil law’s contractual liability is conditioned upon a breach of a pre-existing primary obligation to perform. Any other sort of contractual liability, which is not attached to a breach of a primary performance obligation, needs to be construed under different liability theories. Conversely, under common law the liability for breach of contract does not require a violation of a primary performance obligation; therefore, it can apply also in cases where it is not possible to construe any primary duty of performance. This is particularly the case of warranties. Ultimately, what can be handled under common law with the uniform concept of breach of contract, under civil law may require separate liability theories (indemnity-type liability), which are redundant in common law. Recent developments in civil law, however, provide clear signs of convergence between the civil law’s and common law’s liability theories. Two examples I use for my research is the ‘non-conformity’ under modern European sales law and the evolving approach to initial impossibility. I find that they signal a move towards the common law’s approach, as they attach liability for breach of contract to cases where there may be no primary performance obligation. **I claim that these examples should be viewed as an indication for a general trend, which would meet the expectations of professional contracting parties. Even though these statutory examples may appear isolated, the pattern of practice in complex contracting clearly demonstrates the relevance of developing a reliable liability theory for cases, where there may be no primary duty of performance. Both legal certainty and flexibility would benefit from one liability theory which would include promises not giving rise to any primary duty of performance. Finally, I discuss potential ways in which civil law could integrate these cases in its general liability theory.

When Federal Law Goes Unnoticed: Assessing the CISG's Applicability Across U.S. Courts Based on an Empirical Research of Decisions from 1988 to 2020

The United Nations Convention on Contracts for the International Sale of Goods (CISG) has reached the level of acceptance that it can be recognized as the face of international sales law. Over a century ago, the late Roscoe Pound drew attention to the dichotomy between the law as written and the law as experienced in practice. The law of the CISG “on the books” is the law of the United States. With the growth of international trade, one might expect its importance to grow in the realm of law “in action.” This article explores the CISG in action in U.S. courts during its almost four decades of being the law on the books in the United States. To this end, the authors built an original dataset based on their Westlaw search of all decisions mentioning the CISG across all U.S. federal and state courts from 1988 (when the CISG entered into force) through 2019. The dataset provides unprecedented insights into: (1) how parties raise the issue of the applicability of the CISG, (2) how courts have ruled on the Convention's applicability, and (3) the provisions of the Convention that appear most frequently in these disputes. This article empirically assesses, through logistic regressions, which factors are statistically significant for predicting if a court will apply (or decline to apply) the Convention to a disputed transaction. Finally, the article highlights many ways in which the law in action may not be as robust or comprehensive as it appears on the books.

Tax Audit Between Revenue Target (Budgeter) and Law Enforcement (Law Inforcement) in the Context of Securing State Revenue

In theory, a tax audit is a way (means) to identify discrepancies between commercial and tax reports and errors in the application of tax regulations by taxpayers. Tax audit is part of tax administration whose job is to determine the extent of formal and substantive compliance by taxpayers. The main problem of this audit is how the tax audit is carried out at the Tangerang Tax Audit and Investigation Office and whether the tax audit fulfills two objectives, namely achieving sales targets and law enforcement, as well as how the overall audit results can be followed up. within the framework of a future audit and investigative function. The research methodology used in compiling this work is a descriptive analysis method using data collection techniques in the form of literature reviews and field studies, as well as in-depth interviews with relevant parties

Supporting Environmentally Conscious Consumer Sales Law by Life-cycle Thinking

The circular economy is a core approach driving innovative economic solutions. Although the legal system should support the development of such an economy, scientific methods to assess the environmental impact of legal rules are lacking. Legislators and scholars have highlighted consumer law as an area requiring ecologically efficient solutions. This research aims to design a method to calculate environmental costs related to the exercise of remedies for nonconforming goods under a consumer sales contract. Various environmental impact assessment approaches are reviewed to identify those which can be used when designing a method for calculating the environmental impact of legislative provisions. The Life Cycle Thinking is applied and the Life Cycle Assessment method is chosen and used to compare different remedy-scenarios, that is, when the consumer chooses repair, replacement, price reduction or termination. A formula is devised to determine which remedies should be prioritized and whether it is possible to design an eco-friendly hierarchy of remedies in consumer sales law. Though it proved impossible to design a rigid hierarchy of remedies, which would be optimal in every scenario from the perspective of environmental costs generated as a result of the consumer exercising the rights for non-conforming goods, the environmental costs of exercising each of the rights under the remedies available to the consumer can be assessed not only in concreto but also in abstracto allowing for formulation of specific recommendations for legislator.

Specific Performance – and the International Unification of Sales Law

Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers.

Changes in children’s and adolescents’ dietary intake after the implementation of Chile’s law of food labeling, advertising and sales in schools: a longitudinal study

BackgroundIn June 2016, a comprehensive food policy was implemented in Chile that included front-of-package warning labels on key nutrients of concern (total sugars, added saturated fats, sodium, and calories), child-directed food advertisement bans, and school regulations. The policy was implemented in 3 phases from 2016 to 2019 and the primary objective was to improve children’s food environments. This study’s objective was to assess changes in child and adolescent intake of key nutrients of concern (total sugars, saturated fats, and sodium) at school after the initial implementation of Chile’s Law of Food Labeling and Advertisement.MethodsLongitudinal study of 349 children from the Food Environment Chilean Cohort (FECHIC) and 294 adolescents from the Growth and Obesity Cohort Study (GOCS). Data were from single 24-hour dietary recalls collected from 2016 to 2019. Fixed-effects models stratified by school, home, and other locations compared nutrient consumption in each year to consumption at the pre-policy 2016 baseline. Nutrient intakes are expressed as percent of total energy.ResultsCompared to 2016 (pre-policy), total sugars consumed by children at school decreased 4.5 [-8.0, -0.9] percentage points (pp) and 11.8 [-15.4, -8.3] pp in 2018 and 2019 respectively. In 2019, children’s saturated fats and sodium intake at school also decreased (1.1 [-1.9, -0.2] pp and 10.3 [-18.1, -2.5] mg/100 kcal respectively). Likewise, in adolescents, total sugars and saturated fats consumed at school decreased in 2018 (5.3 [-8.4, -2.2] pp and 1.5 [-2.7, -0.3] pp respectively). However, consumption of key nutrients of concern at other locations increased after implementation of the policy.ConclusionsAfter initial implementation of Chile’s Labeling Law, intake of most key nutrients of concern significantly declined at school. However, we found evidence of compensatory behavior in out-of-school settings. Further research is needed to evaluate what other actions are needed to impact overall diets in the long term both at schools and out of school.

When is a (suspected) damage a damage? – A comparative approach to the notion of damage in International Sales and Transport Law

When is a (suspected) damage a damage? – A comparative approach to the notion of damage in International Sales and Transport Law

NOVI KONCEPT USKLAĐENOSTI ROBE S UGOVOROM PREMA DIREKTIVI (EU) 2019/771

Important changes in consumer sales law occurred with the adoption of the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods, which modernized the traditional sales law according to digitalization requirements. Although it follows the same conceptual framework of conformity with the contract as Directive 1999/44/EC it also brings a considerable amount of new legal solutions. Instead of the principle of conformity with the contract, Directive (EU) 2019/771 now prescribes a combination of clear subjective and objective criteria for conformity, whereby objective criteria are favored for the purpose of better consumer protection. On the other hand, bearing in mind that the definition of the notion „goods“ has been expanded to include „goods with digital elements“, the conformity criteria have been supplemented with additional requirements such as update obligation. Another important change concerns the degree of harmonization, so instead of minimum har- monization, the EU Member States were faced with a clause of maximum harmoniza- tion which affects most of the provisions of the new Directive. The aim of the paper is to critically analyze the criteria of conformity, since the new rules regulating the re- lationship between subjective and objective criteria of conformity are one of the most important changes that have occurred in European sales law in the last twenty years.