Comparative Consumer Law

Condition for cooling off period to be started

March 29, 2007 · Leave a Comment

 

Many consumer protection laws have cooling off provisions. A consumer is able to cancel a contract even if there is not any reason to do it.

 

 

In a doorstep selling, the Specific Commercial Trading Practices Law requires supplying a copy of unexecuted agreement to the purchaser prior to contract. It is the condition to start a cooling off period (sec. 9(1)(i)). And after making a contract, the seller have to deliver the contract document.

 

 

Information to be disclosed to a purchaser is stipulated in the law. The notice indicating the right of a consumer to cancel the agreement, how and when that right is exercisable is included among information.

If the trader neglects his obligation, a consumer can exercise the cancellation right anytime, even if the cooling off period passed. When the trader delivers the document lack of information other than a cancellation right, is a consumer able to execute the right after passing the cooling off period?

 

The Specific Commercial Trading Practices Law does not limit the kind of necessity information delivered to the consumer, as a condition of starting a cancellation period. Therefore, if information other than the cancellation right is lack or false in an unexecuted or contract document, a consumer would be able to execute the cancellation right anytime as long as the right the statute of limitation pass.

 

 

In UK doorstep selling law, it stipulated that if a trader does not deliver the cancellation document to the customer, the contract is not enforceable. The law has no provision of the cooling off period at the time. In the case, It is supposed to be interpreted as the cooling off period is not end.

Categories: cancellation