Please help me to answer the questions using on the case bellow, based on the following criteria:
1.1 apply the legal rules on implied terms relating to the sale of goods and supply of services
1.2 apply the statutory provisions on the transfer of property and possession
Michael has recently had some really bad luck with some of his purchases. On three separate occasions he has made a purchase and had reason to believe that his consumer rights have been violated.
He decided to go on a walking holiday and purchased an 'all weather' jacket. The manufacturer's description stated that the jacket was completely waterproof, light enough to be comfortable in any weather conditions (because of the new type of material, keeping the wearer cool in heat and warm in cold).
They offered a 10 year guarantee, even stating that the jacket was of such a quality that it would probably last a lifetime.
After wearing his jacket for only one day he contacted the retailer. He was very concerned. The zip had broken, water had penetrated and he had felt cold.
On returning from his holiday Michael bought an expensive garden maintenance set (this included electrical items such as mower and trimmer as well as hand held tools).
As it was a high cost item he applied for credit from the credit company which normally provided finance for the shop's customers. Within a few days of delivery, the mower and trimmer break down and the shop he bought them from is closing down.
He buys the same set from another retailer. On close inspection he notices that the specification is not the same as the one he had seen displayed as a demonstrator (the electrical items were not as large and the hand held tools were fiberglass rather than stainless steel).
Michael seeks advice about what to do in each of the situations.
Using the information in Case Study 1, respond to Michael's request for advice.
Include answers to all of the following as part of your response to Michael's request:
1. Explain the rights available to the consumer as offered by the provisions of the Sale of Goods Act 1979 (as amended) and provide a suitable response to Michael.
2. Outline the terms of the Consumer Credit Act 1974 and advise Michael of his rights.
3. Explain the main points of the Trades Description Act 1968 (as amended) and its implications for purchase of the garden set.
Please provide with the references if used any.
There are a few laws in place to help consumers if a need arises. These laws outline how retailers can market a product, what they can claim, and how they can present these claims to the public at large. Generally, these laws are adhered to and the consumer can rest easy knowing that they are protected should a problem of unlawful intent arise. However, as with the case study involving Michael, problems can arise that require a knowledge of available recourse. In Michael's case he finds himself in a situation involving multiple courses of action.
Rights Trough the Provisions of the Sale of Goods Act 1979
The Sale of Goods Act 1979 states that the purchase of goods from a seller initiates a contract between buyer and seller that is legally binding (The Sale of Goods Act 1979, 2012). Goods bought should be fit for the purpose, of satisfactory quality, and they must be as described (The Sale of Goods Act 1979, 2012). This being said, what does as described mean? As described is a term that corresponds to descriptions given about the item. Quantity, color, measurements, and in the case of Michael's garden equipment specified material. Such descriptions may be made in a verbal fashion, in writing, or as displayed on a shelf in a store or online picture. As for being fit for the purpose intended, this purpose may be described, or it may be suggested. That is to say, if the consumer describes the purpose for which the items in question will be used for and the retailer says they are good for those purposes then the purchaser has a right to expect performance. Length of claim may be up to 6 years in some instances on faulty items, but varies based on the item of purchase (The Sale of Goods Act 1979, 2012). In other words, it must be a reasonable time period.
Who Gives The ...
This 1220 word paper includes 4 references to tie its concepts together. It covers the Consumer Credit Act of 1974, The Sale of Goods Act of 1974, and the Trade Descriptions Act of 1968. It gives advise to an individual named Michael concerning his case regarding faulty equipment he purchased with cash and credit.