Consumer Law Flashcards
What are the two statutes Governing Consumer Law?
Sale of Goods Act 1893
Consumer Rights Act 2015
What is the general principle of the statutes governing consumer law?
The general principle of these laws is not to give protection to someone who has made a bad bargain, but simply to make sure that when somebody buys something, that product must be of satisfactory quality.
What is meant by ‘Caveat Emptor’?
“let the buyer beware” - applicable in all private sales
What is the latin phrase for “let no man sell what he does not own”?
Nemo vendare qua non possessare
Exceptions
What are the two exceptional circumstances to the Sale of Goods Act?
The Act only applies where someone is selling in the course of a business and the other party buys the product as a consumer.
The Act will not apply where the product has been obtained illegally; A stolen car, for example, must be returned to it’s owner even if it is purchased in good faith.
Satisfactory Quality
What is the statutory provision under SOGA 1983?
S.14 (2) of the Sale of Goods Act 1983; All goods must be of satisfactory quality. If they are not then the buyer can return them and get his money back. This section is strictly enforced - see Rogers v Parish (Scarborough) Ltd (1983)
S.14 (3) of the Sale of Goods Act 1983 seeks to ensure that all goods sold must be fit for their proper purpose; see Grant v Australian Knitting Mills (1935)
Satisfactory Quality
Give a case to support both S.14 (2) and (3) of SOGA 1983
S.14 (2) - Satisfactory Quality:
Rogers v Parish (Scarborough) Ltd (1983)
S.14 (3) - fit for proper purpose:
Grant v Australian Knitting Mills (1935)
Misconceptions
Name the two common misconceptions about consumer law
A seller owes no duty to replace or refund any item that is not faulty. Similarly returns policies may be common, but have no basis in consumer law. The buyer has no remedy under consumer law in these instances.
A shop cannot refuse to provide a remedy in the instance of faulty goods.
Remedies
Name the four remedies, one of which must be offered by the seller
Getting money back
Exchange
Credit note
Free repair
Are there any bars to remedy for unsatisfactory/faulty product?
The consumer must not do anything inconsistent with the remedies, such as attempting to mend the fault himself.
What statuory provision is there if a shop refuses to provide remedy for faulty goods?
Any such attempt will be void under the Unfair Contract Terms Act 1977 s.12.
