Consumer law Essay Example | Topics and Well Written Essays - 3500 words

Consumer law - Essay ExampleThus, the court held it was possible that a line of products could deal as a consumer. On the surface it appears that the ruling in R & B Customs totally contradicts the tail end of the statues themselves, But upon review, we see that the vehicle was in fact purchased for double use partly for family use, and partly for business use. The family use of the vehicle, coupled with the fact that the purchaser was not in the railcar business influenced the courts decision to stretch forth an exception to the statue. So in the case of Andy, he would now be in accord with R & B Customs, he would now be classified as a consumer availing him of protection under The relevant statues found in the UCTA and the SOGA. In that we have stratified him and established his privilege to coverage as a consumer, we piece of tail approach the remaining issues affecting the car and his likely remedy. The only acknowledged car rift was with the brakes, and the dealer acknowl edged the switch by accepting a 400-pound reduction in his initial price. It was presumed by Andy that a repair of the brakes would render the vehicle totally road worthy, thus of satisfactory quality. And presumably place the sales even sot in accord with the SGA. We find a similar case in bartlett pear v. Sydney Marcus (1965) the claimant purchased a second hand car from the defendants and was advised that there was a minor problem with the clutch. beingness offered the option of purchasing the car at a reduced price and effecting the repairs himself, or allowing the vendors to repair the car and paying full price, he chose to accept the reduction and get the work done himself. This was indicated on the sale documents.... Andy purchased a used car for multi-purpose usage shopping, collecting the children from school and occasional business use. He stipendiary for the car with a cheque drawn on his business account.The only acknowledged car fault was with the brakes, and the d ealer acknowledged the fault by accepting a 400-pound reduction in his initial price. It was presumed by Andy that a repair of the brakes would render the vehicle totally road worthy, thus of satisfactory quality.In the growth Warranty Liability Act a description of Implied imprimatur is provided to describe the suppliers contractual responsibilities (or guarantees) regarding the quality or fitness of the goods. Implied warranties, which dont depend hardly on what the supplier says but based on the consumers sensitive expectations about the goods in all circumstances. The supplier may be responsible under the implied warranty even if the supplier says nothing at all about the goods. The purpose and nature of implied warranties is to protect the reasonable expectations that a buyer would have about the goods considering all the circumstances of the sale. Because reasonable expectations do not simply depend on what the supplier says but on other circumstances as well, implied warr anties apply even when the supplier says nothing at all. (PWLA) The issue is supported in law by Smith v. domain and House Property Corporation, 28 CHD 7 South Australia, where the court held a statement of opinion can be regarded as a statement of fact in certain situations.