Consumer Rights and Remedies Analysis

This assignment provides an analysis of consumer rights and remedies under the Consumer Protection Act. It discusses the importance of law in business operations, employment contracts, offers and acceptance, and the role of customer protection. The report concludes that every law is essential for operating businesses to make proper utilization of rules and regulations for reliable outcomes.

Aspects of Contract and
Business Law

TABLE OF CONTENTS
Table of Contents.............................................................................................................................2
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1: Identification of legal aspects for offer and acceptance in a valid contract.....................1
P2: Law in relation to the formation of a contract..................................................................2
(a): Difference between express and implied term.................................................................2
(b): Explanation about various sections:................................................................................2
P3: Remedies available to parties of a contract in case of breach..........................................3
M1: Analysis of impact of requirement of a valid contract....................................................3
TASK 2............................................................................................................................................3
P4: Meaning of term in standard form contract......................................................................3
P5: Effect of term in a contract...............................................................................................4
D1: Effectiveness of consumer protection act........................................................................4
TASK 3............................................................................................................................................5
P6: Law with respect to consumer protection........................................................................5
M2: Analysis of in case consumer protection act get breached.............................................6
D2: Evaluation of statutory protection given to consumer.....................................................6
TASK 4............................................................................................................................................6
P7: Remedies available to consumer protection.....................................................................6
M3: Analysis of the remedies.................................................................................................6
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................8

INTRODUCTION
Law is an effective system of rules and regulations which is regulated within the nation
or community that recognize as regulating actions of their client. It can be enforcing through
effective imposition of certain fine of penalties. This project report aims at estimating various
aspects of valid contract. Law in accordance to formulation of any contract in any particular
situation. Specific law that is applied in case of any misrepresentation is being discussed under
this report. Apart from this, meaning of terms in respect to standard form contract is mentioned
effectively. Terms in a contract as well as law that respect client protection is given below
(Malik, 2017).
TASK 1
P1: Identification of legal aspects for offer and acceptance in a valid contract
Offer: It is a proposal made by one person to another regarding any specific sale or
purchase of goods and services.
Acceptance: It is the act of offer or proposal which say yes to it and agreed upon their
terms and condition.
Invitation Offer Counter offer
This seems to be offer as
effective means an intention of
an individual to invite other
with matter to enter into any
kind of agreement.
It is a kind of proposal made
by person under which party
make his willingness to enter
into any legally binding
contract for the same.
A counter offer that is made as
effective outcomes of any
undesirable offer made by the
parties from any specific
situation of matter.
“Invitation to treat”: It is an offer/ invitation that is made to another person in order to
make an offer to contract. Any offer made to other party must be legally binding contract on
certain specified terms. Under this UK law, the price tag on the given item would indicate in
shop window by the way of advertising through public media.
Example: According to the given case study, it has been seen that James advertised about
the sale of high definition web camera to Maria. The offer is not accepted by Maria after
accepting the terms and condition of regarding the price (Younes, 2013).
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P2: Law in relation to the formation of a contract
A contract is mainly drafter basically attempts to cover every terms and condition given in
an agreement. Implied terms are the condition that a court assumes were intended to be
mentioned in a contract. it means that the term is not expressly stated in the contract.
(a): Difference between express and implied term
An express term An implied term
It is said to be the one in which any contract
to law can be made of written or spoken.
It is known as effective contract which an
individual inferred from the contract of a party
or circumstances of any given situations.
Case: Michelle Marvin claimed that, in
1964, with actor lee Marvin entered into an
oral agreement that they would couple lived
together despite not being married. Because
of certain circumstance, Michelle claimed
regarding lee that he forced her to leave his
home. Then, Michelle filed suit by asking
court to determine all rights in
consideration of express contract.
Case: There was a contract wherein a potential
screenwriter believed as one of the best idea
which had been stolen through using a major
TV network. Montz sued NBC for making
restitution on federal copyright as claim,
claiming with breaching an implied contract
with them. The court found NBC guilt and
made their decision in the favour of Montz in
reversing the order 7 to 4 times.
Statute:
All the cases those are related with any kind
of law is categories into this terms. Such as
contract act, sale of good act etc.
S7: It define that there is no any implied
situation that the bailor has right to transfer
goods to other parties. Example, Employees
must deliver a safe regulation to work.
(b): Explanation about various sections:
Sale of good act 1979: According to the mentioned section c (54) it is an act of parliament
within UK which is held responsible for regulating English contract law in respect to good that
are being sold or bought by the concern parties. This act is made for the purpose of making trade
more easy or simple for operating new business between them (Ha, 2013).
Section 12: This particular section used to contain implied situation those are related with seller
ability to make transfer of title in the goods to any particular buyer. Although section 12 has been
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liberally analysed in favour of buyer. There is one situation, the seller without title cannot enable
to transfer by virtue only of section 21-25 of the same act.
Section 14: According to this particular section, the seller used to sell goods in course of any
business, there is possible chance of implied term which is related to goods of satisfied quality. It
consists of good must be free from any defects, good work and safety and durability at the same
time.
P3: Remedies available to parties of a contract in case of breach
In case of any contract that can get breach because of any specific reason, there are various
course of action which the party need to face. Some of them are mentioned underneath:
Suit for damage: In some situation in which case of breach arises the aggrieved party besides
to rescinding the agreement can have the right to claim for their damage.
Suit for injunction: It is an order made by court for directing an individual to do or refrain
from any particular act which is based on any related subject manner.
Rescission of the contract: It simple means setting aside of the contract. In such kind of
situation aggrieved party can have discharged from every obligation as per the mentioned
contract (Salleh, 2014).
M1: Analysis of impact of requirement of a valid contract
According to the above mentioned case study, it has been found that with the mutual and
lawful consideration for any particular contract. it would be enforceable through any particular
law. Thus, intention would be to create legal relationship among James and Maria. The Offer or
acceptance should not declared as void under contract act of other rule and regulations.
Remedies:
The equitable remedy of restoring to an aggrieved party must adopt in unjust enrichment
of any contract. According to the sale of good act section 12, a buyer is having right to make
rejection to any kind of offers.
TASK 2
P4: Meaning of term in standard form contract
Employment contract: It is a kind of contract that is being used in labour law in order to
attribute right and duties among parties to bargain on certain issues. Under this the contract is
being made between employee and employer (Employment Contract, 2018).
Terms related to employment contract:
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Obsolescence clause: It ensure that employment agreement that would remain applicable
how long it will last and or any relationship get changes among the date the contract. Every
employer has contract with other employee. The issues are often ascertaining their terms. There
are various benefits that are being fewer kind of disputes and reduction in time and cost
(Mazumdar, 2018).
Termination clause: It is intended to displace every employee entitlement at reasonable
notice that relies upon with any cause of settling out the employee notice entitlement. If they are
not working effective as per the mentioned term they can get terminated by the owner.
Implication to this act: The major problems for worker is that the conduct of owner can
be imputed upon the employers that has liability towards employee in term of act. It only makes
huge impacts on the worker as they are not being able to get appropriate rules as per the
mentioned contract. It depends on the breach of contract, in case any worker not able to perform
their job as per the mentioned contract they need to remove by the company.
P5: Effect of term in a contract
The employment contract is more difficult for employers to claim damage from their
employees for any kind of breach of contract. Any employer can get terminate any employees for
breach. It immediate effect and without any justification. There are various positive and negative
effects seen within a both the parties. Some of them are:
Positive effect: More advertising must be done so that proper understanding about the job and
behaviour of employers can be made to the labour. It will directly increase high growth rate of
the country.
Negative effect: In case the bargaining is not be done in proper manner they are not being able
to perform their job effectively. They usually ignore them while purchasing from the market
(Llewellyn, 2012).
D1: Effectiveness of consumer protection act
According to the consumer protection act which is effective in protecting all interest of
customer and for the objective to make provision for setting consumer council. The major benefit
of this court is to provide quick and easy solution to their queries. All the acts or sections made
for the purpose of protecting the consumer must be followed effectively.
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TASK 3
P6: Law with respect to consumer protection
Consumer protection act 1987: It is known as one of the effective act of parliament in
UK that is made significant modification to safe guard the interest of the consumer. It is a piece
of legislation that is implemented with relation to provision and management of protecting all
right client within a nation. There is various right which is used to promote and protect to interest
of services and good that are purchased by the customer. Some of them are:
 To protect against marketing of product and services that are hazardous to their life and
property.
 The right to assured, wherever possible access to a variety of product must be deliver to
them at economical prices.
Return and refund: The products supplied are defective or cannot have standard or
description as per the mentioned norms or satisfaction of customers.
Repercussion of non-compliance: As already, it has been stated penalties and
administrative fees or penalties can be incurred in case business does not comply with specific
requirements (Reed and et. al., 2013).
Sale contract negotiation: A contract comes into existence without doing much
formality. It is just required two declarations. The first is the offer and other one is the
acceptance of the offer. The same principles apply in e-commerce for the conclusion of
contracts. But before withdrawing a legally binding purchase agreement there are certain things
that need to consider such as:
Right of consumer:
If consumer agree then only the buyer sell its products.
The consumer has right to reject the offer given by buyer.
Not indulging in any legal cases due to having lack of consent for the current offer given by
seller.
If the Maria agrees to accept the offer at the time of given, then the contract has made. James
cannot bind the Maria to buy their products even at lower cost. Therefore, Maria has right to
make decision regarding buying products.
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M2: Analysis of in case consumer protection act get breached
Breach of contract: When either one party fails to perform as per the terms and conditions
mentioned in contract then such contract is called as breach of contract. In such contract, the
suffered party have right to claim compensation for the loss against the failure party. In the given
case study, there is no contract made between Maria and James due to lack of consent thus both
party carry no rights to claim against one another thus the situation of breach of contract are not
arises.
D2: Evaluation of statutory protection given to consumer
Statutory protection: Consumer protection act has made in which all rights of consumers
are mentioned in brief. As in the given case, the agreement between Maria and James made
without consent thus they both parties are not having right to claim against one another.
TASK 4
P7: Remedies available to consumer protection
Consumer protection act has few remedies which are available to consumers. Consumers
can order to remove all the defects which are identified in a specific product along with that
consumer can also return those goods.
 If a commodity is defected, then consumer can file a complaint and can gain refund.
 In case of any damage caused due to a commodity, consumer has all the rights to get
compensated.
If a good is identified to be hazardous than consumer can file a complaint stating request for
restrict the sale of that goods in the market. Victims also has a right to get an award as
compensation (Schön and Konrad, 2012).
M3: Analysis of the remedies
According to the above discussed remedies, it has been analysing that consumer right can
get protected in case they used to be aware about the products and their specific quality. Every
terms and conditions must be checked before accepting it from the seller. It will help to attain
more benefits and safety while buying any kind of product and services in near future time.
CONCLUSION
From the above project report, it has been concluded that every law is important for
operating business. It is essential for them to make proper utilisation of rules and regulations that
can assist them in getting more reliable outcomes for the business. Use of offers and acceptance,
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employment contract and consumer protection act is being discussed effectively. Analysis of
various remedies that are associated with the customer right are taken into account in proper
manner.
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