Consumer Law Assignment.

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Consumer Law Assignment

Lecturer:- Douglas T4-22

“The Common Law is clearly incapable of securing consumers ‘reasonable expectations. Parliament has therefore stepped in to fill the gaps.”

I aim to put forward relevant issues and arguments as to whether the parliament has taken reasonable steps. Some don’t think so:-

        “We are disappointed that the Queens’ speech does not deal more comprehensively with the rights of the public to protection and the responsibility of traders.”

Allan Charlsworth CE Trading Standards Institute

Http://www/lawcom.gov.uk

Who is a consumer? A consumer is an individual purchasing an item off a supplier, for example a shop or retailer. If an individual buys an item out of the local paper he/she is not a consumer, and do consumers really need protecting? Yes consumers do need protecting. Long before statutes were introduced it was a case of ‘caviot emptor’ (BUYER BEWARE) which through the aid of parliament now becomes ‘caviot venditor’ (SELLER BEWARE). In effect the parliament has found no alternative but to intervene in order to maintain a measure of stability in commercial situations.

It is important to remember that all the Acts that have been introduced supplement the common law – it does not replace it.  Law consists of Common Law (decisions made by judges over the years) and Statute Law (decisions made by parliament).Statute Law is usually more helpful for consumers, because most consumer law extends the rights people have in common law by laying down specific conditions in the form of ‘Acts’. Consumer law has its roots in laws regulating trade that date back centuries. But virtually all laws that matter to consumers today has been introduced in the last 30 years.

The laws relating to consumer protection is comprised of contract, tort and criminal law. The law of contract is used when a bargain or contract exists between a trader and a customer, providing protection against untrue statements and unfair exclusion clauses.  The law of Tort on the other hand, does not require a contract to exist between parties; this is used generally when a duty of care is owed to the consumer,  

If the duty is broken damage results from the breach i.e. defective product injures plaintiff, and finally, Criminal Law is used by enforcement officers to punish offending traders usually within statutory offences.

There are about a dozen significant facts and many more regulations the most important and significant being the Sale of goods Act 1979 (as amended). The ‘as amended’ is important as it refers to two laws in the 1990s which extended the basic 1979 Act: The Sale and Supply of Goods Act 1994 and The sale of Goods Amendment Act 1995.

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The Sale of Goods Act lays down several conditions that all goods sold by a trader must be of satisfactory quality this not only covers minor and cosmetic defects substantial problems as well. It also means that products must last a reasonable time. But it does not give you any right if a fault was pointed out.

They must also be as described this refers to any advertisement or verbal description made by the trader the consumer is protected by the Trade Descriptions Act 1973. The Act prohibits the misdiscription on the supply of goods and also prohibits false claims ...

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