Case detailB a c k
Article 6 1.
Article 7 1.
Annex I al1 18.
|Common name||Decision type||Court decision, first degree|
|Court||Julgado de Paz (Porto)||Plaintiff(s)||Unidentified consumer|
|Court translation||Justice of the Peace (Porto)||Defendant(s)||Unidentified travelling agency|
|Subject||misleading commercial practices|
|Keywords||black list, cancellation of contract, contract law, inaccurate information, misleading commercial practices, misleading omissions|
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Providing inaccurate information and omitting essential information relating to a contract, in order to convince a consumer to sign the contract, constitutes a misleading commercial practice. Such commercial practice equally breaches the obligation to act in good faith when negotiating and executing a contract.
The plaintiff received a phone call from the defendant’s employees informing her that she had been selected by the defendant (a travel agency) to win a trip.
The court held that the dispute involves a breach of contract as the defendant did not comply with what had been agreed, and the parties must always be bound by any contract entered into between them (Article 406 (1) of the Portuguese Civil Code). Additionally, the court repeated that parties must act in good faith when negotiating and executing a contract (Articles 227 (1) and 762 of the Portuguese Civil Code).
|URL Decision||Decision full text|
The court ruled in favour of the plaintiff. The contract was terminated retroactively (void ab initio).
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