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CONSUMER LAW TUTORIAL

Discussion in 'U.S. Constitution & Law' started by Goldhedge, Mar 13, 2016.



  1. Goldhedge

    Goldhedge Modal Operator/Moderator Site Mgr Site Supporter

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    CONSUMER LAW TUTORIAL
    Consumer Law Tutorial for Judges in New Mexico

    What is Consumer Law?

    A “consumer” is an individual who purchases goods for personal use from a business. New Mexico law specifically defines a “consumer” as “an individual who enters into a transaction primarily for personal, family or household purposes.” §55-1-201(11). (Note that for this tutorial, New Mexico statutes will be cited in a concise yet understandable manner, without reference to “NMSA 1978.”) Consumers are also known as “buyers,” and that term will also be used throughout this tutorial as a way to refer to a consumer.

    When a consumer enters into a transaction with a seller, each party to the transaction has certain rights and obligations. Simply put, the consumer is entitled to goods that are in keeping with the seller’s representations and the consumer’s reasonable expectations. The seller is entitled to timely payment for those goods. However, within that seemingly simple “give-and-take,” there are many possible variations that may bring the consumer and seller into court. When that occurs, the court must apply consumer law in order to define the rights and obligations of the parties to the transaction and to decide which of the parties’ expectations in the transaction are enforceable under the law. The courts are guided in reviewing consumer issues by general principles of contract and tort law, as well as by federal and state statutes, cases, and regulations that specifically deal with business transactions.

    The Uniform Commercial Code (hereinafter “the UCC”), located in chapter 55 of the New Mexico Statutes, was drafted to simplify and modernize the law on commercial transactions. Much of the statutory law that applies to those types of transactions will be found in the UCC. The UCC must be liberally construed and applied to further its underlying purposes and policies of simplifying, clarifying and modernizing the law governing commercial transactions, permitting the continued expansion of commercial practices through custom, usage and agreement of the parties, and making uniform the law among the various jurisdictions. §55-1-103(a)(1)(2)(3).

    The most common consumer claims or counterclaims in New Mexico courts are those which allege warranty violations, misrepresentations, unfair, deceptive, or unconscionable trade practices, mandatory disclosure violations, and challenges to repossession or other debt collection practices. This tutorial provides information on these basic consumer law issues, followed by short practice exercises for each topic discussed. The exercises can be accessed by clicking on the links found at the bottom of each page.

    http://jec.unm.edu/education/online-training/consumer-law-tutorial
     
  2. michael59

    michael59 heads up-butts down Platinum Bling

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    I am not understanding this inclusion of the UCC.

    There is the obligation to contract or not contract. Simple, do or not. I for one do not see how mitigating things can interfere with a contract. Take the marriage contract.

    A mitigating factor could be one of the contracting parties looses their mind....this is covered under the better or worse clause. The forsaking all others is coverd in the infidelity clause.

    The expansion of any clause would just encompass what I call mitigating the clause. And, this is what the UCC is, a bunch of thiss and thats. Expansion of's.

    Funny, the biggest commercial venture we all embark upon at one time or another is this marriage contract and yet I have not rememberd reading about it in the UNIFORM COMMERCIAL CODE.

    I know, I know...Just another mitigating circumstance of life. But, just thought I would point that out.
     
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  3. michael59

    michael59 heads up-butts down Platinum Bling

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    Oh and Golheadge before you beat me up I would like to point out:
    I know, I know but personal fits in there somewhere..... or maybe my brain has been lunging against the chain for so long it has broken it.....can some one help me corral that pesky brain before I get a "allowing a brain to run at large" citation?

    NO? crap eye'm screwed.....
     
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