In: Business and Management

Submitted By moimarina
Words 1639
Pages 7
Bien évoquer l’obligation d'information du professionnel, de la règlementation sur les clauses abusives

. Modalités d'échange des consentements

Consentements échangés par correspondance
Pour les contrats courants (n° 11800), les parties échangent leur consentement par lettres (pour un exemple, Cass. com. 29-11-1994 : RJDA 3/95 n° 246), télex (pour un exemple, Cass. com. 25-5-1988, inédit), télégrammes ou télétransmission (n° 75503). L'offre d'un bien, d'un produit ou d'un service doit être faite en langue française, sous peine d'une amende de 750 € (Décret 95-240 du 3-3-1995 art. 1, I-1° et 4, al. 1 et 2 ; C. pén. art. 131-13), mais cette obligation ne peut être imposée dans le commerce entre Etats membres de l'Union européenne que dans le but de protéger le consommateur et doit donc être limitée aux mentions auxquelles l'Etat qui l'a prescrite attribue un caractère obligatoire (CJCE 3-6-1999 : RJDA 11/99 n° 1281).

Les contrats conclus par téléphone sont considérés comme formés dès l'instant de l'échange verbal des consentements par voie téléphonique (Cass. req. 14-5-1912 : D.P. 1913.1.281 note Valéry). On ne saurait néanmoins trop recommander aux parties qui procèdent à une telle conclusion de convenir de rédiger en termes identiques une note sur les conditions du contrat et d'échanger entre elles cette note pour établir la preuve de leur accord. Sur l'enregistrement des conversations téléphoniques, n° 75812.
Sur l'envoi d'un courrier recommandé électronique pour la conclusion ou l'exécution d'un contrat : Décret 2011-144 du 2-2-2011.

L'échange des consentements ne peut se produire que si les conditions suivantes sont remplies :

- l'offre de contracter, entre commerçants, doit indiquer clairement la volonté de son auteur d'être lié en cas d'acceptation (Cass. com. 6-3-1990 : JCP G 1990.II.21583 note Gross) ; mais dès lors que l'offre…...

Similar Documents


...doluptur a volor same porecta tusciam et quo veliquo blandest quia nos eat laborae plab ium as dellesedi debis es non culpa nos magnatiberis aut aut ut quis nossus, quas eum eversperae plaut alibea pel mi, quature excepta tinimus. Si reicturem volorum fugit faciendist et ea con pliquo occatint venis vid mos et, sitatem sequatem qui ab inctes dolor am dolo berunturis magnimust, ommodictio beaque sed eaque mos doluptur alia ipsae sit lit renduciis aut ea voluptis arumque am esciatum que omnihicimusa iument quiant eossercitat quate natur? Catende bition nonserum faccaes sitiamus expeligent eturiatur si soluptia quam, expeles id quamet ius expere con pro tem et quae. Ullique pa voluptat. Aliqui ra similibus entia que pa core dictat intia conse doluptatet dento tes non eatur mo ea anderest, omnimus, cor am que occupta tusant la ad ut errorest estrum volectur, endusciis et quo etur susciam sum ea quiamus quissitatius acius explabo reheniet acerum faccus et vit, occum dolupis tempor assumquia net deribusam commolu ptatqui cusam quisciet dolupis dolo blabore rsperrovitis cus vendeli geniam asimincium, am endiciisqui nonse provit, totatis dolupti doluptae volorpos intenist moluption enis nobist, odi nonsecepelis quist, omnient, verum seque sita non reped molorrore culpa et ex et, sandis eos ea erro blatiae quia idestis utes core, occum velest pro es magnim saecull uptiur sed quat ommodi re voluptame dolecus ea dusapit fugiam necaboritem nulliciis andem etur, ni ut plibusantint......

Words: 565 - Pages: 3

Go Global or No?

...if we expand beyond the U.S. borders, but the rest of the software, such as the interface, must change substantially. Therefore, our licensing agreement should categorically include that the licensee (our network partner) will build the new interface, market the software in an agreed-upon area. Not only will the revenues, though modest, gener-ated through this channel will provide much needed new capital for DataClear and help in ex-pansion to new domestic industries, but also seeking out reputable software companies in other world markets and offering to license them our underlying algorithms will help to increase our market presence significantly. Alternatively, we could pursue partnership with a larger company. We are aware of the conse-quences for DataClear if SAP (or some other large company) decides to move into our market space. This development would be a lot worse than VisiDat, and we've to recognize that this po-tential threat exist. Certainly, teaming with SAP to provide data analysis software products for the various markets would give DataClear instant global presence and access to SAP's marketing and distribution channels. Another option would be to approach Oracle with a similar arrange-ment, and this might be a better fit, because we already have ties with Oracle through our founders. The fear in this option would be the possible loss of company identity and corporate culture, par-ticularly if the terms of partnership were a straight up acquisition. The...

Words: 2430 - Pages: 10

Working Capital Management

...where business operation is not very large. We know that working capital has a very close relationship with day-to-day oper- ations of a business. Negligence in proper assessment of the working capital, therefore, can affect the day-to-day operations severely. It may lead to cash crisis and ultimately to liquidation. An inaccurate assessment of the working capital may cause either under-assessment or over-assessment of the working capital and both of them are dangerous. C ONSEQUENCES OF UNDER ASSESSMENT OF WORKING CAPITAL z Growth may be stunted. It may become difficult for the enterprise to undertake profitable projects due to non-availability of working cap- ital. z Implementation of operating plans may become difficult and conse- quently the profit goals may not be achieved. z Cash crisis may emerge due to paucity of working funds. z Optimum capacity utilisation of fixed assets may not be achieved due to non-availability of the working capital. z The business may fail to honour its commitment in time, thereby adversely affecting its credibility. This situation may lead to business closure. z The business may be compelled to buy raw materials on credit and sell finished goods on cash. In the process it may end up with increasing cost of purchases and reducing selling prices by offering discounts. Both these situations would affect profitability adversely. z Non-availability of stocks due to non-availability of funds may result in......

Words: 2661 - Pages: 11

The Last Leaf

...The Gettysburgs’ Address Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we can not dedicate— we can not conse- crate—we can not hallow— this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remem- ber what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us— that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion— that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of free- dom—and that government of the people, by the people, for the people, shall not......

Words: 279 - Pages: 2

All About Psychology

...(Henderson & Gilding, 2004). Those with a higher need to belong are more willing to join social network sites (Gangadharbatla, 2008) and the need for popularity predicts likelihood of controlling one’s personal information on Face- book (Christofides et al., 2009). We expected that these same factors would predict disclo- sure and control in adolescents and in adults. In addition, we expected that greater awareness of the consequences of disclosing online would predict less disclosure and more information control on Facebook. Past research has demon- strated that adolescents are less likely to engage in risks when they are able to identify the negative outcomes of their beha- vior, but often underestimate the likelihood of negative conse- quences (Moore & Gullone, 1996). Therefore, in the current study, we also explored whether adolescents and adults differed in their awareness of the consequences of disclosing on Facebook and if this influenced their disclosure and privacy behavior. We also hoped to determine, albeit to a limited degree, whether the Facebook environment appears to be changing the way users view privacy, and whether these factors work differently in adolescents and adults, or whether the important factor is amount of time spent online. Method Procedure The online survey was conducted at a Canadian Science Center. Those who met the inclusion criteria (high school aged youth and nonuniversity student adults who used Facebook) were......

Words: 11724 - Pages: 47

Encountering Social Class Differences at Work

...coverage to lower-status employees can cre- ate unforeseen long-term and recursive conse- quences for them. An employee from the lower classes was denied multiple promotions be- cause “her teeth had succumbed to poverty, to the years when she could not afford a dentist” (Shipler, 2004: 52). Because lower-status occupa- tions often exact a physical toll (Shipler, 2004; Zandy, 1995), they can deny their occupants chances to gain upward mobility, thereby main- taining the cycle of class distinction and disadvantage. A further consequence of collective class work involves the failure to provide a “safety net” for lower-level employees. This refers to social and capital resources that provide a cushion reduc- ing the negative impacts of unexpected life sit- uations. It is composed of such institutional sup- ports as health benefits, insurance, safe working conditions, and police protection, as well as any number of more informal supports, such as access to education, food, green spaces, financial security, and so on. For upper and mid- dle classes, safety nets are abundant. As an example, women from upper classes have more opportunities to be successful at work, in part because they are able to pay for the labor of child care workers, house cleaners, and drivers, increasing the women’s availability at work (Scully & Blake-Beard, 2006). In contrast, the ab- sence of a safety net poses serious conse- quences for employees from lower classes, af- fecting their overall......

Words: 21937 - Pages: 88

John Higgins – an American Goes Native in Japan

...addressing him as "Higgins-san" whenever they saw him. His mode of living was almost entirely that of a typical Japanese. He seemed to have completely integrated himself with Japanese life. He was invited to weddings, neighborhood parties and even to Buddhist funerals. On these occa¬sions, he participated actively and fulfilled what¬ever part was required by the customs and tradi¬tions, The Weaver Pharmaceutical Company had a policy of granting two months home leave every two years with transportation paid for the em¬ployee and his family. When Mr. Higgins' turn came, he declined to go home even on vacation on the ground that his parents were already dead and his brothers and sisters were widely scat¬tered throughout the United States. Conse¬quently, he did not feel he had many home ties in the United States. He and his wife took his two months leave and visited many of the re¬mote historical sites throughout Japan. None of these points by itself disturbed Mr. Prescott greatly. However, he was afraid that accumulations of these seemingly insignificant factors would tend to distort Higgins' cultural orientation and identification, thereby losing his effectiveness as a bi-lingual and cultural repre¬sentative of the American parent company. In administrative relationships, there have recently been a number of incidents which tended to sup¬port Mr. Prescott's anxiety over his attitude. A few of the specific examples were these. In performing his responsibilities as executive......

Words: 3764 - Pages: 16


...accounting team is lead by -arty Fuller. e are going to loo# at the legal and ethical ramifications of underta#ing this route. e ill loo# not only at the moral conse(uence" but also at hether or not the company is brea#ing the la. Legal Issues and Applicable Laws Excello Telecommunication must adhere to many las and regulations. *mong them are %arbanes/&xley *ct of 0110 2%&4" )enerally *ccepted *ccounting +rinciples 2)**+4" and the*',+* code of ,onduct. These rules impact not only the financial reporting mechanism of the company" but also the actions of #ey accounting personnel. 5ecause of this" the accounting team must search for the best method that ill legally maximi$e shareholder ealth. *lthough earnings estimates could be met by using illegal accounting treatment" it ould be of little use as the company ould lose !alue once all %treet got ind of the illegal acti!ity. Legality and Ethicality of Financial Reporting 3 Sarbanes-Oxley and Excello Telecounications The accounting scandals of 011" namely orldcom" Enron" and Tyco" ga!e birth to the %arbanes/&xley legislation. This act" spearheaded by %enator +aul %arbanes and Representati!e -ar# &xley" reshaped the role of corporate go!ernance in *merica and strengthened controls o!er financial reporting and executi!e accountability. The conse(uences of !iolating %& are se!ere  both for the company and the executi!es in!ol!ed. Terry Reed" the ,F& of the company" ants to post a sale of 8.0 million......

Words: 493 - Pages: 2

The Bible and Accounting

...accusations made about our administering such a large fund; for we are trying to do right not only in the sight of God but also in the sight of men.” Clearly, St. Paul knew that multiple custody by honest men would reduce the probability of fraud and would reduce the people’s concern about fraud. This is consistent with the current internal control principle that the system requires competent and honest employees. The lack of honest employees and dual custody is portrayed in John 12:7-8 in discussing Judas as the treasurer: ” … he [Judas] was in charge of the common fund and used to help himself to the contributions.” Later experience showed that Judas was less than honorable and the lack of dual custody allowed him to steal. Thus the conse-quences of poor control are pointed out in the Bible. One of the most basic internal control procedures is the physical safeguarding of assets by providing limited access to them. Ecclesi-asticus 42:6-7 succinctly states this internal control principle as: “Where there are many hands, lock things up.” This not only summarizes the concept of physical safeguards but also again reflects a view of human nature upon which internal control systems are based. Finally, the Bible discusses the value of surprise audits as an internal control device. In the Gospels of Luke and Matthew there are parables about how owners should make surprise inspections. Matthew 24:46 summarizes the behavioral implications of these audits or inspections as......

Words: 1718 - Pages: 7

The Importance of Diversity

...ideas and stories and be an appreciative will match feeling words with their audience. physiological sensations and the emo• Send home positive notes. tions of others. Controlling anger and impulse includes • Offer praise and encouragement. being able to recognize anger, under• Share information about yourself, and find something in comstand that anger can interfere with probmon with the child. lem solving, and use strategies to calm • Ask children to bring in family photos, and give them an oppordown instead of acting out. Problem tunity to share them with you and their peers. solving includes recognizing when a • Post children’s work at their eye level. problem exists, generating multiple alternative solutions, evaluating the conse• Have a Star of the Week who brings in special things from home quences of solutions, acting on a soluand gets to share them during circle time. Make sure everyone tion, and then evaluating how effective has a turn. the solution was. Friendship skills in• Acknowledge children’s efforts. clude sharing and turn taking, making • Give compliments liberally. suggestions in play, requesting and receiving help, giving compliments, and • In front of a child, call the family to say what a great day she or dealing effectively with common he is having. peer problems such as teasing or • Find out what a child’s favorite book is bullying. and read it to the whole class. As in all areas of instruction, ey emotional • Let the......

Words: 2385 - Pages: 10

What Motivates Frank Addante

...|business with nearly no administrative action to do, Frank was able to handle it on his own.  | | | |At his first official venture his partners were two owners of individual but complementary businesses, who wanted to collaborate | |to implement some new ideas. In this venture Addante did not choose his founding team, he just was at the right place at the right| |time to participate in the “search engine” project. At this first stage of his career Addante had no experience with business | |operations like accounting and billing. He had no administrative control and conse-quently he could not make decisions regarding | |changes in the team structure. This was shown as one of the partners used the database of the “search engine” to cross-promote the| |services of his own company without compensation for Addante and Deborah, the third partner. Deb-orah and Kevin got into | |discussions and Addante, who wanted to stay productive, could not interfere in these discussions because of the lack of power.  | | | |The second venture, “ReaXions” was founded by Frank Addante and the former IT-vendor of Addante’s first venture, a guy named Cary.| |Again Addante looked for......

Words: 4094 - Pages: 17


...paragraph can fit 75-100 words. Lorem ipsum dolor sit amet, consec tetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper. Et iusto odio dignissim qui blandit praesent luptatum zzril delenit augue duis dolore te feugait nulla facilisi. Lorem ipsum dolor sit amet, conse ctetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis exercitation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo.mkmkm [BOOK TITLE] Publisher House: [Name] Author: [Name] Publish Date: [Date] This synopsis paragraph can fit 75-100 words. Lorem ipsum dolor sit amet, consec tetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper. Et iusto odio dignissim qui blandit praesent luptatum zzril delenit augue duis dolore te feugait nulla facilisi. Lorem ipsum dolor sit amet, conse ctetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis exercitation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo.mkmkm Next Meeting Next Meeting Book Club Events Book Club Events Reading List for the Month Reading List for the Month [Event Title] Location: [Address]Date:......

Words: 509 - Pages: 3

Critical Thinking do Instruction Content LOGIC OF Student Thinking StandardsElementsTraits In other words, what elements must you account for in order for the analysis to be substantive? What is involved in analyzing reasoning? (Story, argument, point of view, subject) ● Look at the cartoon and analyze it by asking questions. 1. Individually, write a series of questions that attempt to probe the meaning of the cartoon. 2. With a group, compare your questions with others. Add to your list. Analyzing a Cartoon We use data, facts, and experiences to make inferences and judgments based on concepts and theories based on assumptions within a point of view leading to implications and conse quences. in attempting to We think answer a for a question. purpose Whenever we think Elements wheel ,aking for t granted Assumptio ns Presuppositions objective laws, defin models , tion , i s principles observations, facts, experiences Informatio Data, n m Interpretatio n & Inference Conclusions , olution s s of Thought Considers the Elements of Thought Questions at Issu Proble e Purpose of the Thinkin g Goal, Elements Concep Theories, ts Implications & Consequen ces Reference Perspecti ve Orientatio n Points of Frame of View A CRITICAL THINKER What are the key concepts guiding the reasoning? What assumptions are being......

Words: 3431 - Pages: 14

Assurance Quality

...personal entre 1989 y 1992. Inicialmente creo cerca de 15 versiones de PSP y utilizo PASCAL PSP provee un marco de proceso de evolución similar al que posee CMMI, incluso trata parcialmente 12 de las 18 áreas de proceso claves o kpa de CMMI [6]. Para desarrollar software con calidad, cada componente individual también debe contar con procesos definidos de calidad. La estrategia total de PSP es cerciorarse de que todos los componentes individuales se desarrollen con calidad. PSP logra esto proporcionando un marco de proceso persona ya definido, que el programador pu al uede utilizar Este marco es: r. · Desa arrollar un plan para cada proyecto y/o p compon nente. · Regis strar su tiempo de desarrollo. · Regis strar sus defecto os · Conse ervar sus datos en informes del proyecto s d · Utiliz sus datos pa planear los proyectos y/o los zar ara s o compon nentes futuros. . · Anali sus datos para desarrollar sus procesos con izar p r más cal lidad con el fin de mejorar su desempeño. n u En la siguiente figur se muestra un diagrama que ra contien los niveles PSP, se muest que cada nivel ne tra n tiene sus propios re s equisitos. Cabe recalcar que el e e proceso se puede personalizar ag o p gregando o bien, b quitand componente según las ne do es ecesidades de cada c individ duo. B BIBLIOGRAFI IA [1 Ingeniería de software, un enfoque practico. 1] P Pressman Roge McGraw Hil 5ta Ed. er. ll [2 Ingeniería de software orientada a objetos. 2] e B Bruegge Bernd, Dutoit Allen.......

Words: 1465 - Pages: 6

Friends Fans Followers

...for operators of SNS, whereas oth- of the Internet, however, has evolved such Facebook and MySpace, for example, both ers are merely non-paid content delivered that consumers do not perceive such a con- allow users to create profiles and connect through social media. As conceptualized tract in cyberspace but instead consider with “friends”—those with whom they for this study, however, SNA is a general March 2011 JOURNAL OF ADVERTISING RESEARCH 259 THE FuTuRE: ADVERTIsING ON sOCIAL NETWORKs term capturing all forms of advertising— overly commercialized or infested with SNSs are, by definition, highly oriented whether explicit (e.g., banner advertising commercial spam, it risks negative conse- toward the latter; they are online forums and commercial videos) or implicit (e.g., quences. This is viewed as an important in which users with common interests or fan pages or firm-related “tweets”)—that cause of MySpace’s decline from its prior connections “can gather to share thoughts, are delivered through SNSs. As such, the peak of 75 million U.S. users to fewer than comments, and opinions” (Weber, 2009). attitudinal scale used in this study inte- 57 million in February 2010—a serious lag In addition to communication and collabo- grated multiple forms of SNA into a single behind Facebook and Twitter (Johnson, ration, however, SNSs also facilitate......

Words: 5679 - Pages: 23