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''The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.''
The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms 'consumer' and 'unfair trade practice'. The 2019 Act expands the scope of the definition of 'consumer' so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of 'unfair trade practices' as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.
The 2019 Act has also introduced the concept of 'unfair contract' which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.
Another major introduction in the 2019 Act is the concept of 'product liability' which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term 'product liability' is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as 'platforms' or 'aggregators' will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.
Q. Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.
  • a)
    Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.
  • b)
    Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.
  • c)
    Zia's suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.
  • d)
    None of the above
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
The question is based on the reasoning and arguments, or facts and pri...
Zia's suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.
The Consumer Protection Act, 2019 now includes within its ambit online misleading advertisements.
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The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
Question Description
The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?.
Solutions for The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.a)Online advertisements are not covered under the ambit of the Consumer Protection Bill, 2019.b)Stinga has just mentioned the benefits and it is part of its marketing strategy which is justified.c)Zias suit is valid as no company can communicate false claims through its advertisement and the case is valid under the Consumer Protection Bill, 2019.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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