Consumer Protection
The key piece of legislation which controls contracts regarding the sale of goods and protects consumers is the Sale of Goods Act 1979, which covers all types of consumer contracts. The Sale of Goods Act 1979, S2(1) defines a contract of a sale of goods as:
'a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called price.'
Goods include all tangible items of property. Land and money are excluded from the definition. Parties can generally agree on their own terms of contract but this Act means certain terms are implied - as looked at in your previous piece of work.
Terms implied by statute: the Sale of Goods Act 1979. The key provisions are:
'a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called price.'
Goods include all tangible items of property. Land and money are excluded from the definition. Parties can generally agree on their own terms of contract but this Act means certain terms are implied - as looked at in your previous piece of work.
Terms implied by statute: the Sale of Goods Act 1979. The key provisions are:
- Section 12: the person selling the goods has to have the legal right to sell them.
- Section 13: if you’re selling goods by description, e.g. from a catalogue or newspaper advert, then the actual goods have to correspond to that description.
- Section 14: the goods must be of “satisfactory quality” – that is, they should meet the standard that a reasonable person would regard as “satisfactory”. Also, if the buyer says they’re buying the goods for a particular purpose, there’s an implied term that the goods are fit for that purpose.
For more information on your consumer rights, go to:
http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/index.htm
The Supply of Goods and Services Act 1982 deals with implied terms that apply to contracts where one person agrees to bail goods to another person by way of hire. This also covers contracts not covered under the sales of goods. The Sale of Goods Act only applies to contracts where goods are sold for money.
For your work you will also need to look at the following Acts:
Unfair Contract Terms Act 1977 - An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract, of for negligence or other breach of duty, can be avoided by means of contract terms and otherwise, and under the law of Scotland civil liability can be avoided by means of contract terms. http://www.legislation.gov.uk/ukpga/1977/50
The Unfair Terms in Consumer Contract Regulations 1999 - These Regulations overlap somewhat with the Unfair Contract Terms Act 1977 which deals specifically with exemption clauses. The Directive set out requirements that in many ways are narrower than rules already in place in English law. It does, however, extend the scope of terms which can be rendered ineffective; especially when dealing with unfair terms that do not constitute exemption clauses. It also has provisions specifically for standard form contract.
http://www.legislation.gov.uk/uksi/1999/2083/contents/made
The Consumer Protection (Distance Selling) Regulations 2000 - This statutory instrument, which came into force on 31 October 2000, is designed to protect consumers from abuses particular to distance selling.
http://www.legislation.gov.uk/uksi/2000/2334/contents/made
The Electronic Commerce (EC Directive) Regulations 2002
http://searchstorage.techtarget.co.uk/definition/Electronic-Commerce-EC-Directive-Regulations-2002
http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/index.htm
The Supply of Goods and Services Act 1982 deals with implied terms that apply to contracts where one person agrees to bail goods to another person by way of hire. This also covers contracts not covered under the sales of goods. The Sale of Goods Act only applies to contracts where goods are sold for money.
- S7: defines that there is an implied condition that the bailor has the right to transfer the goods
- S8: provides that when there is a contract for the hire of goods by description, there is an implied condition that the goods will match that description
- S9: states that where goods are hired in the course of a business, there is an implied condition that the goods are of a satisfactory quality and reasonably fit for the purpose hired
For your work you will also need to look at the following Acts:
Unfair Contract Terms Act 1977 - An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract, of for negligence or other breach of duty, can be avoided by means of contract terms and otherwise, and under the law of Scotland civil liability can be avoided by means of contract terms. http://www.legislation.gov.uk/ukpga/1977/50
The Unfair Terms in Consumer Contract Regulations 1999 - These Regulations overlap somewhat with the Unfair Contract Terms Act 1977 which deals specifically with exemption clauses. The Directive set out requirements that in many ways are narrower than rules already in place in English law. It does, however, extend the scope of terms which can be rendered ineffective; especially when dealing with unfair terms that do not constitute exemption clauses. It also has provisions specifically for standard form contract.
http://www.legislation.gov.uk/uksi/1999/2083/contents/made
The Consumer Protection (Distance Selling) Regulations 2000 - This statutory instrument, which came into force on 31 October 2000, is designed to protect consumers from abuses particular to distance selling.
http://www.legislation.gov.uk/uksi/2000/2334/contents/made
The Electronic Commerce (EC Directive) Regulations 2002
http://searchstorage.techtarget.co.uk/definition/Electronic-Commerce-EC-Directive-Regulations-2002
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