Problems of liability for defects in freebies

Abstract

Nowadays, marketing promotion technique such as giving freebies is being widely used. However, Legal measures regarding freebies only prescribe rules, methods, obtaining freebies, and controlling types of products that could be freebies but do not specify liability for freebies givers. When the freebies are clearly and specifically defective, it is necessary to consider the status of the freebies contract and whether the liability for defectiveness can be enforced, which in some cases may cause uncertainty and be a gap of law. Therefore, implementing the Consumers Protection Legal measure to a contract or service that offers a freebies is a controlled contract. Moreover, it empowers the Contract Committee to have the authority to determine the character and agreement of giving freebies, as well as applying the Liability for Defect, which will benefit and protect those receiving freebies so that entrepreneurs must be aware of using a Freebies Marketing Promotion and pay attention to the quality of given freebies.