These are the Trade Descriptions Act 1968 and Unfair Contract Terms Act. In order to critically discuss how consumer law can protect the interest of the consumer, it is essential to analyze the case study.
Duck visited the showroom of Swan and looked at a television set priced at 500. He asked Swan about the set. Swan replied: "It's a beautiful model, never used, a snip at 500." In fact some of the internal wiring was not properly connected and the set had been switched on and used as a display unit in Swan's showroom for three days prior to Duck's visit.
In this situation, and according to the Trade Descriptions Act, Swan is subject to the criminal offence as the one who has provided his consumer with misleading information. According to the Act, the description to the consumer may be given verbally or in the written form, thus there is no possibility for Swan to be justified on the basis of the information having been given in the oral form (Budnitz, 2004). The Act makes the verbal statement, including misleading information, an offence and thus it is a criminal action. ...Show more