The aim of Consumer Protection Act is to help safeguard the consumer from the products that do not reach a reasonable level of safety.
Clearly the consumer gains from this legislation. But looking forward firms will also recognise that it is in the interest to outlaw unfair competition from traders who cut corners on safety. Consumer Protection Act is important to all those with an interest in the safety of products that are put onto the market.
The aim of the Consumer Protection Act 1987 was to help to safeguard the consumer from products that do not reach a reasonable level of safety. The main areas dealt with can be described as Product Liability and Consumer Safety. Defective products are defined, as being those where the safety of the product is not such as persons generally is entitled to expect. On the other hand a product will not be considered defective simply because it is of poor quality or because a safer version is subsequently put on the market.
In the Sale of Goods Act 1893 the companies could exclude all your implied terms. This is known as the doctrine ‘Caveat Emptor’ which means let the buyers beware for example if you buy a pair of party shoes and fell on the football pitch while playing football and got hurt, you have no rights under the old Sale of Goods Act if the shopkeeper decided to exclude liability. This has all changed now in the new Sale of Goods Act 1979 & 1994.
Another reason for needing Consumer Protection is to help you stopping buying defective or faulty goods. For example if you buy furniture which is sold you as solid mahogany when it is not, you can take the company to small claims court. The company can get prosecuted under the Trade Description Act 1968, as they had commenced a criminal offence.
The Sale of Goods Act 1979 also protects consumers from sellers. This Act sets out the basic rights of consumers when buying goods from a company or business. Some of these rights have been consolidated into the Supply of Goods Act 1982 and additional rights given to the consumer. When a customer makes a purchase, he forms a contract with the retailer. The contract may be formed verbally or just implied by the actions of the two parties. No contract terms need to be written down but for larger items it is best if they are. It is this ‘Contract of Sale’ to which the Sale of Goods Act applies.
If you buy any defective goods you can get refund from the seller. If you don’t get your money back you can take them to small claims court. You have no grounds of complaints if: -
- You were told about the fault.
- Damage the item yourself
- Simply changed your mind about the product.
It is against the law for the seller to sell any good that are unsafe. If you have bought any unsafe goods you should contact your local Trading Standards Authority.
Legislation
There are many types of legislation covering in Consumer Protection.
There are two types of laws in Britain. All these acts are divided into these two laws.
Criminal law
A criminal is an individual who has committed a crime against the interest of society or state. A representative of the state (e.g. police, Army or Trading Standards Officer) normally brings these criminal actions.
The case is either tried in a magistrates’ court or before a judge and jury in crown court.
The offender can be fined or can be put into prison.
Civil law
This is concerned with relationship between individuals. This is about their rights and responsibilities, the individuals are most likely to be the victims. In this case one individual brings a civil action against the other. There must be loss or damage and there must be a legal obligation owed to the party bringing the action.
