Legal Sources of Obligation to Provide Information and Its Performance Guarantee in Iranian and British Law

Document Type : Original Article

Authors

• Pari khaledi ¹
• Bahareh Shafiei ²

¹ Dr Pari khaledi, Assistant professor of Department of Law , Faculty of literature and human science, Islamic Azad university, Mahabad, Iran. (corresponding Author )

² Ph.D. student of Private Law, Islamic Azad University, South Tehran Branch, Tehran,Iran.

Abstract

Identifying the consumers’ right to have access to information has a significant effect on

organizing their behavior and making an informed choice in goods consumption. With the

complexity of the structure of the goods and the difference in the information level of the

manufacturing and supplying specialists compared to the consumer, a kind of information

asymmetry has been created that endangers social peace and tranquility and creates tension in the

relations between the two social groups: the supplier and the producer on the one hand and the

consumer on the other hand. Therefore, to prevent problems arising from the asymmetry of

information, the task of providing information to the consumer is assigned to the suppliers of

goods. In addition to the will of the parties and their agreement regarding the obligation to

provide information explicitly and implicitly, the importance of the law as one of the sources of

this obligation should not be overlooked. The issue of the obligation to provide information in

legal sources can be the act of providing necessary information or the act of refraining from

providing false information, depending on the case. In Iranian law, the traces of acceptance of

both aspects of this obligation can be observed in both general and special regulations. In the

common law legal system, the lack of guidance and warning is considered a type of product

defect. However, since the discussion of the obligation to inform and the duty of producers and

sellers regarding guidance and warning is important and comprehensive, it is investigated

separately from the discussion of defect option under an independent heading.

Keywords

• Obligation to provide information
• Iranian law
• English law
• Performance guarantee

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