The duty of information and the standard of reasonableness in implied consumer warranties

Abstract

Is it necessary to implement a standard of reasonableness within consumer relationships?  Starting from an affirmative answer, the authors support their position from an integral perspective that contemplates the notion of the duty of information and its relationship and connection with reality. This idea is more relevant in the field of implicit guarantees where the legislation and the conditions set forth by the supplier have not been sufficient to regulate a certain situation. Therefore, the present paper gathers the real implications and characteristics of the duty of information in order to provide an approach of our proposal: Approaching the duty of information in a singular way -in each specific case-, from the level of implicit guarantees, in order to be able to obtain objective decisions that are consistent with reality.