• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  6. 6
  7. 7
  8. 8

Both the common law and statute make it too easy for buyers to reject goods. Critically discuss this statement.

Extracts from this document...


'Both the common law and statute make it too easy for buyers to reject goods'. Critically discuss this statement. Introduction The rights of consumers have been protected by laws for centuries. These laws have established a variety of legal forms, which including criminal law, tort, and contract, to achieve their objectives. In addition to those laws numerous other provisions have the effects of protecting the consumer, which specify consumer protection as their primary concern. For example, during the prosecution of fraud, protecting property, or facilitating litigation. In general, the civil law assists the consumer by imposing certain obligations on manufacturers and suppliers of goods and services and by restricting attempts to exclude or cut down these obligations or the remedies available on breach. (Cartwright, 2001) It should be kept in mind that here is no universally agreed definition of the term 'consumer'. Although a number of statutes, both criminal and civil, attempt to define it for their own purposes. One example of such a definition is found in section 20( 6) of the Consumer Protection Act 1987, which states: 'Consumer' (a) In relation to any goods, means any person who might wish to be supplied with the goods for his own private use or consumption; (b) In relation to any services or facilities, means any person who might wish to be provided with the services or facilities otherwise than for the purposes of any business of his; and (c) In relation to any accommodation, means any person who might wish to occupy the accommodation otherwise than for the purposes of any business of his. ...read more.


The barriers facing them are immense. (Goldring, Maher, McKeough, & Pearson, 1998) Thus to talk about a 'free market' of equal individuals in this phenomenon is nonsense. In very few cases at all, the consumer can be said that they are equal to the supplier or the manufacturer. Besides, under the control of mass media by the suppliers and manufacturers, consumers can hardly get fully genuine information. Therefore, it makes little sense to assert that consumers are inevitably the best judges of their own wants and needs. Markets are seldom, if ever, 'free', not because that freedom is limited by government activity, but because of the activities of business organizations, especially by the powerful corporations. Information is power and consumers rarely have the opportunity to get the same information as suppliers and manufacturers. They cannot therefore compete as equal in the market. (Lowe & Woodroffe, 2004) Consumer Protection Legal rules and controls are one of the methods which can be used by the government of state. For the interests of the public as consumers, governments attempt to reduce the inequalities of markets that exist in 'real life', even if in very small dimensions. The power of the state, expressed through government rule-making and regulatory power, is a counter-force to the power of business organizations. Many of the requirements of legislation are often as simple as the principles and standards which would be observed by reputable business seeking to maintain their commercial reputations and clientele in any case. ...read more.


Ultimately, the matter can only be decided by a court after taking into account all the circumstances. (Lowe & Woodroffe, 2004) An important factor might be that the buyer was not in a position to check the goods for a longer time after the sale than usual, because, for example, he was admitted to hospital immediately after he purchased them. In other words, consumers' right of rejecting unsatisfying goods is not totally unlimited. Conclusion In most of countries, consumers have been protected by laws and the power of states. Although there is hardly agreement of the exact definition of 'consumer', efforts have been made by governments to establish variety of legal forms for buyers against the breach of suppliers and manufacturers. Along with the spread of globalization, 'consumerism' trend to give consumers more equality of power. However, in the phenomenon of 'free market', consumers may automatically be sovereign, because anyone, who does not respond consumer's needs, will be forced to leave the market. But as many people asserted 'free market' is not achievable in real life. By the reason that consumers are placed in a disadvantage position in markets, there is not doubt that their rights should be protected by laws and statutes. Although current law and regulations only obligate the safety of goods, the quality standard of goods tends to be bound in the future. The most common and effective way for buyers protect themselves is to reject the defected goods. Nevertheless, buyers have to claim in a 'reasonable time' even if there are entitled to reject the goods. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Commercial Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Commercial Law essays

  1. Introduction to Commercial Law. Discuss the advantages and disadvantages of resolving a civil ...

    The flexibility of arbitration extends to the freedom to choose the venue of the arbitration whether in the contract's arbitration agreement itself or at a later stage. Parties who desire more control of the setting in which the dispute is conducted as opposed to allowing the court system to determine would prefer arbitration.

  2. Limited liability

    Hicks `s proposal that resources should be managed by the Insolvency Service, in a form of a legal aid fund, to which liquidators could apply for assistance in order to claim compensation on a wrongful trading basis, may be proved useful in inducing liquidators to rely on the wrongful trading provision51.

  1. Consumer Law - Effectiveness of guaratees

    The UK has implemented the requirements of the Directive by the Sale and Supply of Goods to Consumer Regulations 2002, which came into force on 31 March 2002. Where goods are sold or supplied to a consumer and a consumer guarantee is offered, then the guarantee will be legally binding

  2. sale of goods act 1979

    the description of the car was fit, the question came to its quality. The principle that goods can describe themselves was affirmed in the case of Beale v Taylor [1967] 1 WLR 1193.6 The Sale and Supply OF Goods Act 1994 amended s14 of the SOGA 1979 where the fact

  1. Consumers and the Law

    a fair appointment of risk The Directive 85/374/EEC of the Council of the European Communities dated 25 July 1985 was passed first followed by the Consumer Protection 1ct 1987. Under Section 3 of the consumer protection act, the meaning of defect is mentioned.

  2. The academic debate concerning on the directors duties is one of the oldest issues ...

    two key components: a duty to avoid conflicts of interest Aberdeen Railway co v Blaikie Bros 32 and not to make secret profits from their fiduciary position (Keech v Sandford)33.these long established principles are stated in CA 2006,S175 as follows: Section 175 of the CA 2006 "seeks to restate the

  1. the resurgence of transnational commercial law

    This need will help to disseminate legal knowledge in a more comprehensive and broader way. Also it may be a good opportunity to narrow the wide gap between international attorneys themselves which may arise naturally due to cultural and linguistic diversity among these lawyers.

  2. The key to section 13 of the Sale of Goods Act 1979 is interpretation.

    In the Ashington Piggeries Ltd v Christopher Hill Ltd[20] the House of Lords held that the description identified the goods. Therefore, the goods ?herring-meal? was still under the concept of description even though the goods were poisoned. In this case, the implied terms by section 13(1)[21] did not breach the contract.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work