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Exercise of consumer rights, online contracting, cross-jurisdictional issues

  • 28-06-2008 2:52am
    #1
    Closed Accounts Posts: 451 ✭✭


    What method of recourse (if any) does a consumer have where:

    * they reside in jurisdiction A -and-
    * purchase from a seller in jurisdiction B -and-
    * the transaction is 'guaranteed' by and payment made through payment services company X based in jurisdiction C? -and-
    * company X gives the poor consumer the usual corporate run-around / refuses to help when it all goes wrong?

    The example that springs to mind would be a purchase made on ebay and through the notorious paypal. I noticed in the Paypal Terms of Service (s. 14) they have a choice of law provision - English law applies. Could a litigant insist on applicable local law and pursue the case in their own jurisdiction? Does European law provide anything useful for the litigant? Equally, what advantages does the likes of Paypal enjoy by opting for English law?


Comments

  • Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    Rhonda9000 wrote: »
    Equally, what advantages does the likes of Paypal enjoy by opting for English law?
    Certainty. They have opted for English law and in accepting their terms and conditions, customers are bound by it, so the situation is left unambiguous.


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