Martha bought the car through dealer's misrepresentation that it was in 'A1' condition with just only one previous owner. Both were false statements since the car had been involved in high speed collision and also had several owners earlier. This is contrary to the prescribed 'A1' condition for the car…
The driver who was an expert could detect the bad condition of the car but after the purchase and payment. The sales man also did not wash the car before delivery contrary to his promise. His liability arises for having sold a defective car fraudulently, for the damages arising out of the accident occurred after delivery and for not having valeted the car before delivery.
Second hand goods including cars came under the purview of Consumer Protection Act 1987 through amendment by General Protection Act 2004. Hence second hand cars are subject to the same terms as they apply to new cars. Martha as a consumer can expect the quality to be satisfactory as per prescribed standards applicable to that good under section 14 of Sales of Goods Act 1979 as substituted by section 1 of Sale and Supply of Goods Act 1994.and also section 3 of Sale and Supply of Good to Consumers Regulations 2002. Accordingly, the car bought by Martha should be fit for the purpose, safe enough and durable as claimed by the seller at the time of sale. Martha can claim full refund of the value paid and she make an immediate complaint. No time should be lost since the seller can not say that the car might have been mishandled by the buyer after the purchase. But the witness of the driver who drove the car for delivery to Martha can always testify the condition at the time of delivery. If Martha returns the car within a maximum allowed period of six months, she need not prove that car was faulty at the time of sale. If the seller is not wiling to take back, the burden is on him to prove that it was not defective at the time of sale. Martha should make sure to initiate legal proceedings immediately in case of the seller's refusal, though a claim can be lodged within six years. If the seller agrees for the repair and the repair still does not set right the defects, Martha can claim full refund though Martha can stick to demanding full refund since the seller has sold a rogue car fraudulently. In case of seller's non-cooperation, she can seek advice from local Citizens' Advice Bureau for legal action in small claims court and for further recovery action after the claim is allowed by the court. She can also approach Retail Motor Industry Federation, The Vehicle Builders and Repairers Federation or MVRA Ltd as 'A1' condition for the car may be a standard prescribed by the trade for immaculate condition.
Besides, section 14 of Trade Descriptions Act 1968 makes it an offence if false statement is made for the condition of the goods sold by the dealer. The local authority of trading standards department should also be approached for lodging her criminal complaint against the seller/dealer of the car. There is provision under section 75 of the Road Traffic Offences Act 1988 for making a complaint against the seller for selling an unsafe car.1
In Bartlett v Sidney Marcus (1952)2, Lord Denning had stated that in case of second hand cars, the buyer should be aware of the prospect of encountering defects any time after the purchase and hence should not buy without an express warranty as otherwise the buyer can not have any remedy in law. The consumer must apply the usability test by ensuring that car should be fit for the purpose that is to ride along the road. Earlier usability test to establish merchantable quality was being applied for second cars for their road worthiness rather than being wholly perfect for their use. In the ...
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(“Consumer Law Coursework Case Study Example | Topics and Well Written Essays - 2500 words”, n.d.)
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(Consumer Law Coursework Case Study Example | Topics and Well Written Essays - 2500 Words)
“Consumer Law Coursework Case Study Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.net/miscellaneous/274468-consumer-law-coursework.
We can assume that the battle will lead to the victory of one party, but sometimes it may happen that the in the flash point the other party will win over ,subject to the certain conditions imposed by the law on the beginner.
In the given case, Bertz has good opportunity to win the case by the provisions of the Law.
Consumers are provided with several protections under contract law when they deal with sellers in connection with their purchases. If a purchase is made from a shop then the shop only is made liable under the contract. However under the law of torts there lies a concurrent liability placed on the manufacturer under circumstances where the faulty goods caused any personal injury or damage to the purchaser's property.
In such a case if one party, without the mutual consent of the subsequent party, fails to perform his obligation, the aggrieved party has the right to seek redress for the breach of the contract through normal enforcement procedures - civil court. There are two major types of contracts: contracts by deed and simple contracts.
The work will be based on the Consumer Credit Act 2006, Unfair Contract Terms Act and Trade Descriptions Act 1968.
There are the two basic documents for consumer protection within the UK, which provide the buyer with the right to receive the goods he buys in good condition, without any misleading trade descriptions.
CIF, FOB, and SoGA (1979) have attained relative consensus regarding the obligations of the seller within the sale of goods contract. CIF and FOB emphasise the more important of these obligations to be conformity.1 When the sales of goods contract covers ascertained goods, the buyer is obligated to provide the seller with goods which fulfil the description and characteristics of those contracted for.
This much discussing civil wrong in the Tort Law always happens in the various vicinity of the property transactions.
The nuisance caused to the adjoining occupier normally occurs everywhere. But there are number of rules and regulations to protect the occupier from the annoyance of the neighbor.
I was compelled to locate the appropriate statues and case law which would qualify her as a consumer, which would in turn qualify her to file for damages. Also, the manufacturer of the defective product had liquidated, so Sue did not have a recourse in pursuing the company which was originally at fault.
Judge made law is the law decided by the Judges while pronouncing the judgments in deferent cases in different circumstances. The judges while dealing with different cases make some guidelines in adjudication of the offence. Statue law is the basic law, which is superior to the judge made law.
Since Mr. Green has decided to try to reject the car, he must stop using it and contact the seller/finance company to clarify his rejection and reasons thereof. Following that, it is necessary to record the rejection and the reasons for the stated, in addition to the desire for a refund, to the finance company/seller.
as described, of satisfactory quality and fit for purpose and thus a retailer is deemed to have breached the contract and the buyer have a claim for compensation as outlined in section 14 of Sale of Goods Act. Therefore, Peter and Patrick have a right to reject within a
7 Pages(1750 words)Essay
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