This act comes in to force if the product bought doesn’t match the description, or is faulty, not fit for what you bought it for and also if the quality is not good e.g. damaged, scratched etc.
An example of a situation would be, a woman bought a car from carcraft Sheffield, the contract was made.
As she drove the car off the premises, the car seemed faulty as the engine warning light began to flash off and on. As the contract was made the car did not state that there was nothing wrong with it. This can also be seen as the trade’s decription act, as there was a false decription given on the car.
A claim could be made on this case under these two acts.
- Trades description Act 1968-
Any seller who gives a false trade description of goods or suppliers or offers to supply goods, which are wrongly described, is guilty of an offence. This includes the following:
- Selling goods that are wrongly described by the manufacturer.
- Implied descriptions- a picture or illustration, which is seen to give the false impression.
- Quality, size, composition and method of manufacturer e.g. this Act could fall in place if a packaging of goods does not display the weight and must be accurate.
Also the contents of the product have to be displayed on packets/ tins.
Also firms are not allowed to force retail outlets to charge a price fixed by them.
(See sales of goods act for situation)
- Unsolicited goods & services Act 1971-
This act protects consumers by inertia selling. Consumers did not have to pay for goods that they did not order, but had not bothered to return.
Consumers may keep the product after a certain number of days if the company who sent it to you does not pick up the product.
An example of a situation would be a sales man called at my door, he sold me kitchen equipment, but did not provide me with a contract or receipt, under this act I have now the right to cancel the contract in anytime, until a copy of the copy of the contract or receipt is provided.
- Consumer credit Act 1974-
This act protects consumers as it lays down the regulations of purchase on credit for goods.
The intention of this act is to prevent consumers signing to unfair contracts. And also to ensure that purchases know how much interest rates are going to be charged for the credit that they receive.
- Competition Act 1980-
This act protects consumers against the monopoly legislation as it prevents firms controlling more than 25% of the market without investigation.
The complaint is usually seen to go to the office of fair-trading (OFT), which then can decide on the investigation further.
An example of this situation would be Yorkshire water, as this is a monopoly because there is only one water company in Yorkshire therefore can charge any price it wants to. Now this act is in place it controls firms controlling the market of more than 25%.
- Weights & measures Act 1990-
This legislation protects consumers as making it illegal to sell goods below their actual weight or volume, which must be stated on the packet or bottle.
This act allows the metric measures to be used, this procedure was enforced through the trading standards office & the office of fair trading.
An example of this act in a situation would be, a customer purchased a bottle of coke from a local shop, he noticed that their was no volume of the weight on the bottle, the customer could sue the company against the weights & measures act as it is illegal for company for not to specify the weight or volume of a product.
- Food & safety Act 1990-
This legislation protects consumers mainly in the food sector by making it an offence for farmers and growers to sell food, which is not of the nature or substance or quality demanded by the public.
E.g. Foods past by their expiry date etc.
An example of this act in a situation would be, a woman bought some bananas, and after she had eaten them she felt a bit sick the cause was that the product had past the expiry date. The lady could sue grower’s etc against this Act, as the bananas were not safe to eat.