Article 7 1.
Article 7 4. (a)
|National ID||CCT 2/10 Kenneth Ciangura vs AR Tech Limited|
|Common name||Decision type||Court decision, first degree|
|Court||Maltese Consumer Tribunal||Plaintiff(s)||Kenneth Ciangura|
|Court translation||Maltese Consumer Tribunal||Defendant(s)||AR Tech Limited|
|Keywords||material information, product characteristics|
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Not providing information on the expected life duration of a product, constitutes a misleading omission.
The plaintiff had purchased a solar water heater system.
After a period of time, some parts of the water tank began to rust and leaks were established. According to the plaintiff, the defendant had not informed the plaintiff on the relatively quick worsening of the water tank's state.
Does it constitute a misleading omission not to provide information on the expected life duration of a product?
In a short reasoning, it was held by the court that the information on the expected life duration of a product is essential information.
Next, the defendant could not prove such information was communicated to the plaintiff.
As a result, according to the court, the plaintiff had not been provided with all relevant information in order to make an informed transactional decision. Hence, the defendant had breached the prohibition on misleading omissions.
|URL Decision||Decision full text|
The court ordered the defendant to repair the system or to pay a certain amount of compensation.
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