Consumer Rights Act 2015: Legal Advice for Faulty TV Purchase

This report provides legal advice to a buyer who purchased a faulty TV from a departmental store. It discusses the rights of the buyer under the Consumer Rights Act 2015 and remedies available under the Sales of Goods Act 1979.

An Ability to appropriately
apply the law to business
situation

INTRODUCTION
Consumer Right Act 2015 introduce easy routes for the consumer and small & medium
enterprise for challenging anti-competitive behaviors by Competition Appeal Tribunal. It is the
set of framework which provide key rights to consumer which cover service, good, digital
content and law which are related to unfair terms in the consumer contract.
The above report is on the case study of Mr. John who had purchased the TV from
departmental store and that was working well till the third week and suddenly got spark and flash
from the backside of TV and further the departmental store manager refused to take any
responsibility for that faulty TV. The report will give legal advice to the buyer for the issue faced
by him. Section 13 and 16 will be explained to reflect the rights of buyers. In addition,
assignment will describe remedies of buyers and seller as per sales of goods act 1979.
MAIN BODY
Issue and legal advice to the claimant
Consumer Right Act 2015 can be applied in the case of. Mr. John who purchased 42-
inch flat screen TV from departmental store as he was impressed with the description of TV as it
has good quality and durability.. In first three weeks it was working fine but suddenly there was
puff of the smoke from the backside and flash on TV screen. Then Mr. John had reached to the
departmental store about that they will not be accepting any responsibility for that faulty TV as
they Mr. John had already signed the document that is given by their engineer who installed the
TV. Under this case Mr. John had legal right to take action against the departmental store with
the help of this act. This act has come into force on 27 May 2015 (Markou, 2019). This is made
to protect consumers when they buy any kind of goods from venders. Many amendments are
made by government in this law to make it more effective.
 Part 1- Concern consumer contract for the goods, digital content and service.
 Part 2- Concerned with unfair term.
 Part 3- It is concerned with other miscellaneous provision.
All supply of good to the consumer are covered by CRA that is sale, hire-purchase and hire.
Generally same rule is applicable to irrespective of various type of transactions, there is small
difference in detail of rule which is depended on nature of supply. It focuses on the rule that is
applicable to the contract of sale as this type of the transaction is most relevant to majority of
consumer who is facing. Standard consumer could expect in relation to the good largely reflected

to those contain in Sale of Goods Act 1979 (Stadler and Briers, 2016). This includes that good
must have satisfactory quality, fit to its purpose and must match their description.
Departmental store has made the legal contract with Mr John and under this:
 Mr. John was offered by company
 Offer has been accepted by departmental store.
 Mr. John has purpose to buy that TV and departmental store also has purpose to sell the
TV.
 Manager of store and Mr. John are under capacity.
So contract has been developed among them and thus Mr. John can file case for all the damages
of TV against the company.
Section 12 to 15 describes the same thing:
Section 12:-
It is applied on good which are being purchased through any online site. Title must be
specified by seller if it is sold by them and if its does not have any title than he doesn't have right
to sell that good or product.
Section 13:-
Good must be described that is rendered by seller to the buyer. If it is not then the
consumer has right to claim the loss or damage (Riefa, 2016). In the above case Mr. John has
right for claiming damage or loss as TV is not as per the description which is given by the
departmental store's manager.
Section 14:-
It is essential to sell the high quality goods to consumers and if the situation is not met
hen consumers can claim for the loss or damage that is being suffered. Mr. John could also place
claim under this section as the TV which is purchased by him doesn't have satisfactory quality.
Section 15:-
If any product or good is rendered by seller in bulk quantity then the seller must sell good
as per the huge quality.
Three-tier structure which is generally operated are as follows-
 Short term right to reject- It is the new statutory right which is available to consumer
within first thirty day of supply of goods, rather than expected good's life is shorter
specially for highly perishable good (Singh, 2016). In this case Mr. John had a right to

treat contract at end and receive fund, and along with that making good available to its
trader for further collection of good from them.
 Right to repair or replacement- It is essential to repair the damage goods or replace it
 Right to a price reduction - It is applicable where repair or replacement is not
successful (Winn, 2016). The consumer had a right to choose to keep the good with them
and further claiming a refund.
Under this right Mr. John had filed a compliant within the thirty days of supply. Mr. John
is liable to receive refund for that TV by the departmental store. The cost of good collecting from
Mr. John is also responsibility of the trader. Mr. John also had right to get a repair or
replacement of TV if it has been discovered that product is faulty within more than the 30 day
after delivery or purchase of TV. But in this case Mr. John had filled a complaint for TV to
departmental store from where it has been purchased within the 30 days. So the Trader of
departmental store is liable to pay or refund the whole TV purchasing amount. But the trader had
refused for its liability to the fault in TV as all the contracts has been signed by MR. John in
which it is stated that the departmental store is not liable to the TV after its purchase and delivery
(Cartwright, 2017). So further Mr. John could file a case of breach against the trader and could
call on the consumer service so that further information related to faulty error in TV could be
responded and could get its payment back.
Provision related to possession on transfer of goods
This above statutory provision can be applicable to Mr. John:
Section 16 : Under this section product's ownership could pass from one individual to other if it
is ascertained.
Section 17: It is essential that good or product must be specific or ascertained but then also
ownership of that particular product will pass only if party have intention to pass it.
Section 18: Under this section it has been stated that there are five rules, but further good or
product will be transferred or passed if parties show their intentions of passing the good (Osuji,
2016). RULE 1:- Particular good would be sold an individual in unconditional contracts than
further good will pass at contract time. RULE 2:- Peculiar condition has been imposed on good for passing of product or good it
is essential that the condition is to be done by individual.

 RULE 3:- Measurement and weighing is to be done for the transfer of ownership of
particular good. RULE 4:- For sale of particular good or product approval or the return basis is essential
then it can't be sold up-till it gets return or approval basis which is not through individual.
 RULE 5:- No matter good or product is unconditional or ascertained their ownership
could be passed (Shears, 2016).
Section 19: When good is sell by seller then right of retaining the good or product is also
rendered to the good buyers.
Section 20: When good is sold by seller then the good or product's risk is to be carried or passed
to its buyer.
Remedies of buyers and seller
Remedies of Mr. John-
 If any expense is paid by Mr. John with regard to TV then individual can recover the
damage amount.
 Damage can be further recovered by him if good or product is not delivered.
 He had right for getting the recovery of the liquidated damage which is beard by him with
regard to that TV which is purchased by him from that departmental store.
Remedies of seller-
 In the condition of insolvent of purchaser goods transition can be stopped.
 Buyer’s order can be cancelled.
 If buyer do not make payment then seller has right to recover good if buyer refuse to
make payment or not making the payment for the particular good (Riefa and Willett,
2018).
 Oder of particular performance could be obtained by the seller.
Application of product liability with respect to faulty goods
This good or product can include any electricity product or any part of particular product
etc. The supplier, manufacturer and distributors are of goods and products are responsible for
defective good. If any individual suffer from an injury then consumer is liable for the loss and
damage which is beard by them.
The rule for product liability is expressed below-
 Consumer Protection Act 1987

 Contract
 Tort
The individual who is filling the claim must have to prove this following-
 The product or good is defective in nature.
 Product had caused the harm.
 And the defendant is liable under this.
Consumer Protection Act 1987-
If goods is being proven defective then person would have right to claim for selling the
faulty goods..
Contract Law-
Under this law, plaintiff had to prove that good or product is defective and contractual
obligation has been breached that is imposed on defendant at the time when an individual enters
into the contract.
Tort Law-
In this law, plaintiff had to prove that defendant is to under liability to make breach of his
or her duty and done its negligence. Reasonable care is to be taken by him while manufacturing
that particular product or goods.
CONCLUSION
Study can be summarized as the Consumer Right Act is helpful for an individual for
safeguarding themselves from the any act of misconduct which is done by them while they had
purchased the product from any store. Under this act consumer have various rights with the help
of that they can claim for loss or damage which is beard by them. This act is published infavour
of consumer so that they can be liable to file suit against the shop keeper for misconduct.

REFERENCES
Books and Journals
Howells, G. and Weatherill, S., 2017. Consumer protection law. Routledge.
Riefa, C. and Willett, C., 2018. Enforcement and Effectiveness of Consumer Law in the UK. In
Enforcement and Effectiveness of Consumer Law (pp. 673-695). Springer, Cham.
Shears, P., 2016. The Consumer Protection Regulations in the UK: The Story So Far. European
Business Law Review. 27(1). pp.177-193.
Osuji, O.K., 2016. Responsible lending: consumer protection and prudential regulation
perspectives. In Credit, Consumers and the Law (pp. 86-109). Routledge.
Cartwright, P.R., 2017. Consumer law.
Winn, J.K. ed., 2016. Consumer Protection in the Age of the'information Economy'. Routledge.
Singh, S.N., 2016. 24_Commentry on the Consumer Protection Act (2010).
Riefa, C., 2016. Consumer protection and online auction platforms: Towards a safer legal
framework. Routledge.
Stadler, D. and Briers, E., 2016. The scope of the application of the Consumer Protection Act 68
of 2008 in the context of the sale of defective goods in comparative perspective (Doctoral
dissertation, University of Cape Town).
Markou, C.N., 2019. Consumer protection, automated shopping platforms and EU law.