Legal Problems About Services Contracts in Aesthetic Business

Abstract

            The objectives of this research were to study the issue of Standard Contract regarding the aesthetic business both in specific aesthetic clinics and hospitals by comparing with the laws of the Commonwealth of Australia, Hong Kong Special Administrative Region of the People’s Republic of China, and United States of America. From the study, it  finds that the legal issue was related to subject under the Consumer Protection Act (No. 2) B.E. 2541, regarding the contract Section 35 Bis, which stipulates that any business of selling goods or providing service if such a contract of sale or service contract has been stipulated to be required by law in writing, or as usual as a board writing regarding the power of contract to stipulate the business of selling goods or providing service was enacted to be controlled agreement business, anyhow the business is not under control, therefore it doesn’t be declared as controlled agreement.

            The study finds that Standard Contract can be regarded as unfair contract according to the Unfair Contract Terms Act B.E. 2540. Further, this business is governed by the Medical Facilities Act B.E. 2559, the Medical Devices Act B.E. 2562 and other related laws. Besides, the study on foreign laws, which is different from Thailand, finds that the Commonwealth of Australia, Hong Kong Special Administrative Region of the People’s Republic of China and United States of America a special control over the service contract. In particular, and there are also measures in order to specificity to control the right of aesthetic service users, that provide was good measures to control the contract not to violate the users right. In the meantime, these measures are also to support such business.

            The thesis suggests a direction to solve the problems on service contract of aesthetic business, so it deems appropriate to amend the Consumer Protection Act (No. 2) B.E. 2541, by empowering the Contract Committee to announce the beauty business is controlled agreement business in order to protect service users to be remedied for the damage.