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Consumer Law Assignment Solution

   

Added on  2021-06-14

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Running head: BUSINESS LAWBusiness LawName of the StudentName of the UniversityAuthor Note

1BUSINESS LAWMichael He owns a company that hires cars and he has hired two cars from Crunchem Cars Ltdwhich is run by Fred Wormwood. After purchasing the cars, when he brought the cars home, henoticed that the cars had scratches along the vehicle’s roofs. A consumer rights act entails thatthe rights of the consumers shall be protected. The rights of the consumer shall be protectedagainst the trader. A consumer under the United Kingdom is defined as an individual who actsfor any purpose which is outside his trade or profession and he acts for personal gains (Howellsand Weatherill 2017). The concept of a consumer under the UK and EU law states that it will beany person who enters into a contract for both personal and business goals. A trader on the otherhand is one who works to effectuate his own trade and business and works to enlarge andimprove his trade name (Barnard 2015). Commercial law entails the rights of the consumers whoindulge in buying good and also deal in trade (Howells and Weatherill 2018). Commercial lawprovides rules that apply to merchants and also includes the rules of business that is conductedbetween the consumer and the trader (Newton 2015). Consumer law helps in regulating trade andalso creates statutes to prevent traders from suing unlawful and dishonest means to dupeconsumers (Whish and Bailey 2015). The goal is to create an equitable condition from bothbuyers and sellers (Singh and Mukherji 2018). Under the consumer law, the consumer is definedas any person who purchases goods or services which are thereafter sold by manufacturers orretailers. The rights of the consumers are preserved with the help of both common law andfederal law. In cases when the trader makes false advertisements and does not follow productsafety practices, the consumer law comes to play (Gibson and Thirlwall 2016). The ConsumerProtection law is intended to preserve the rights of the consumers against any unfair practicefollowed by the trader. Consumer goods are defines as any product that is bought for personal

2BUSINESS LAWuse. In this case, the car was not purchased for personal use. The new car bought by Michael wasbusiness purpose because he deals in hiring cars and uses them for business gains. HE can comeunder the definition of a consumer of he can prove that the car was bought for his own personalgain. Car purchases in the United Kingdom are governed by the Misrepresentation of Goods Act,1967 which prevents a buyer from the false claims made by a trader. A trader under theMisrepresentation of Goods Act, 1967 cannot make ay false claims regarding the quality andfitness of the car he is selling. In case a car is bought from a dealer, the Sale of Goods Act. 1979governs the rights of the buyer and also entails that a car has to be of merchantable quality and ithas to be fit for the intended purpose. Satisfactory qualityUnder the Sale of Goods Act and supply of services by the trader to the consumer, thereare certain basic provisions regarding the quality and fitness of the product (Janssen 2017). ThisAct provides protection to the purchasers. The Consumer Rights Act 2015 gives rise to aconsumer contract and the new Consumer Rights Act, 2015 replaces the previously existing Saleof Goods Act. The main provisions of the Act says that whenever a seller is selling a product mydescription, there is an implied duty that subsists within the seller that the product shallcorrespond to the description of the product and shall not deviate from the already mentioneddescription. The trader must sell goods which are of satisfactory quality and all also fit for theintended purpose. The “satisfactory quality” clause is mentioned in the Sale of Goods Act, 1979which states that the goods shall be of satisfactory quality. In cases when the buyer had the timeto check the quality for the product and then he went on to but the same, the seller shall have anupper hand (Abbott and Tyler 2017). The satisfactory quality test will not apply only in caseswhen the goods were shown to the buyer and he failed to notice the defect in the product. Under

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