This essay will examine these different legal provisions and their application and assess why they may not be effective in securing a cost effective remedy for the consumer, who would likely benefit from arbitration instead, which could involve lower costs.
Internet sales are becoming increasingly common, but as discussed further below, the difficulties in establishing and proving a case through the application of the appropriate statutory provisions would make it an expensive process or consumers. The legal conditions pertaining to the sale of goods are governed by the Sale of Goods Act of 1979. Section 14(2) of the Act states that “where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the Act are of satisfactory quality”1 unless existing defects are specifically bought to the buyer’s attention before the purchase or the buyer has the opportunity to examine the goods before purchase. The problems which arise in the case of Internet sales are that it is difficult for consumer to closely examine the goods that they are purchasing first hand; rather there is an implied condition that the goods are in a merchantable condition. On e-commerce websites such as e-bay, purchasers are generally relying upon what they can see of a product in pictures which are posted on the site and relying upon the descriptions offered by the sellers and there may be little recourse available to remedy defects or deficiencies which are discovered later.
In further defining what constitutes a “satisfactory quality” of the goods as defined under the Act, Section 14 (2A) of the Act states that “for the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods: (a)fitness for the purposes for which goods of the kind in question are commonly supplied (b) appearance and finish (c)freedom from minor defects ...
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(“UK Consumer Protection Law Essay Example | Topics and Well Written Essays - 4000 words”, n.d.)
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(UK Consumer Protection Law Essay Example | Topics and Well Written Essays - 4000 Words)
“UK Consumer Protection Law Essay Example | Topics and Well Written Essays - 4000 Words”, n.d. https://studentshare.net/miscellaneous/405679-uk-consumer-protection-law.
Consumer protection Name: University: Course: Tutor: Date: Introduction It is the primary duty of the government to protect the welfare of the consumers in any economy. Government laws on consumer protection also provide for redress mechanisms where the rights of the consumers in the contracts have been violated (Harvey and Parry 1996).
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.
First and foremost, according to the framework decision on the standing of the victims in criminal proceedings delineates that crime victims have no standing in criminal proceedings. Standing as delineated in popular legal terms refers to the ability for In the case of criminal law a plaintiff to demonstrate that he/she is permitted to have the court resolve the dispute.
An exception to this clause is when the retailer can show: for good reasons he was not aware of the advertisement; the statement had been corrected prior to the conclusion of the sale; or the statement could not have had an influence on the consumer.4 OSL in this case was bound by the contract of sale which included the warranty advertisement unless OSL, in this case Patrick the manager, could show he had no knowledge of the advertisement.5
The law also excluded game and agric produce (sold in its raw state. Directive 1999/34/EC amended the 1985 product liability directive removing this exception with effect from December 4, 2000).2
Before the enactment of the consumer protection act of 1987, those injured had to prove negligence of a manufacturer to sue successfully for any damage.
A sale by description occurs when the buyer relies on, or purchases on the basis of “a description of the goods by the seller, or alternatively, he or she buys in reliance upon the seller’s affirmation that the goods conform with the description given by the buyer.” This has been denoted by Section 13 of the Sale of Goods Act of 1979.
etermine the extent to which Vic may expect consumer protection and the measure of remedial action she can expect to take for the loss and damages incurred pursuant to each of these agreements. Vic will be advised in two parts. First the possibility of and consequences of
The author of the essay comments on the consumer protection and provides the idea expressed by Green, who states that not a citizen should be forced to enter into a contract that is against his free will. In addition, Green emphasizes the need for the government to intervene since it would be able to prevent tragedies from happening.
A number of consumer protection laws have been enactment in different parts of the world including the United Kingdom, the United States and the emerging economies in Asia and Africa (Jay & Clarke, 2010).
In the United Kingdom, a number
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