Consumer Law Analysis: Eleanor's Purchases and Legal Rights

This assignment delves into consumer law, specifically addressing scenarios where a consumer, Eleanor, encounters issues with a laptop and a dress purchased online. The analysis centers on the Consumer Rights Act 2015 and the Sale of Goods Act 1979, examining whether Eleanor is entitled to a refund, repair, or replacement based on the quality of the goods, their fitness for purpose, and their adherence to descriptions. The assignment explores the legal rights and remedies available to Eleanor, considering the timelines for raising complaints and the responsibilities of the seller. The analysis also extends to the implications of digital content and the Consumer Protection from Unfair Trading Regulations 2008, providing a comprehensive overview of consumer protection in these contexts. Relevant case laws are discussed to support the arguments and provide legal reasoning for the solutions.

Running head: BUSINESS LAW
Consumer Law
Name of the student
Name of the University
Author Note

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To start this topic it must be stated that the consumer rights are the most important
rights which any consumer can have. There are different types of consumer rights in a
particular country with respect to consumer rights with respect of buying things from store or
online or regarding products which have misleading information.
The issue here involves whether Eleanor have the right to get back her money as her
laptop contains some minor glitches as well as the laptop has become slow over the time of
two months. The issue here relates to poor quality of goods.
According to Section: 2(3) of the Consumer Rights Act, 2015 Consumer means any
individual who is taking actions which are mainly outside the trade, craft, business or
profession of that individual.
According to Section 2(2) of the Consumer Rights Act, 2015 a contract which is made
hereby between the seller and the consumer is a “consumer contract”, this is because here
the purpose is for creating business relations.
According to Section 2(1) of the Sale of Goods Act, 19791 a contract for the sale of
goods is a contract by which the seller transfers the goods to the buyer for monetary
consideration which is called price.
According to the Consumer Rights Act, 2015 all products which are sold or to be sold
must be in a good condition and also it must be fit for selling in the market. The following
rules must be considered while selling a product.
Firstly, According to Section 9 of the Consumer Rights Act, 2015 the quality of the
goods must be good enough to satisfy the consumer. The goods which are to be sold should
not be in a faulty condition. The goods should also not be damaged while selling them.
1 The Sale of Goods Act,1979

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Secondly, According to Section 10 the Consumer Rights Act, 2015 the goods must
also be fit for the purpose for which it is being sold.
BSS Group Plc v Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809 case
relates to Section 10 of the Consumer Rights Act, 20152.
In Trebor Bassett Holdings Ltd & Anor v ADT Fire and security Plc [2011] EWHC
1936 (TCC) case it was stated that the goods must be fit for the purpose of use as well as it
must satisfy the need of the consumer.3
Thirdly, According to Section 11 the Consumer Rights Act, 2015 the goods thereby
supplied must match with the description stated.
According to the Consumer Rights Act, 2015 there is a legal right for rejecting the
goods which are unsatisfactory in quality. Goods can also be rejected on the basis of it being
unfit for the purpose of using it. In these cases full refund can be gained. The application for
rejection of goods must be given within thirty days from the day on which the product is
being bought. After the period of thirty days, legal right for full refund will not be there. If
the consumer or the seller is not in the place where the goods are being sold during the period
of thirty days then one opportunity of repairing or replacing the goods must be given.
According to the Consumer Rights Act, 2015 in a situation where repair or replacement of a
product is not possible or if the attempts to repair the product fails then the consumer have a
right to refund which is up to the full price of the product.
According to the Consumer Rights Act, 2015 if the fault in the product is discovered
by the consumer within six months of buying it then it will be presumed that the fault was
2 BSS Group Plc v Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809
3 Trebor Bassett Holdings Ltd & Anor v ADT Fire and security Plc [2011] EWHC 1936 (TCC) case

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there from the beginning when the product was sold to the consumer. If the attempts to repair
or of replacement of the product have failed then the consumer is entitled to full refund or a
reduction in the price of the product if the consumer wants to keep it.
In this case new laptop is been bought by Eleanor for £500 at first there were some
technical problems with the laptop. But soon this problem became worst along with the
laptop working slowly. Eleanor went to the store from where she had bought the laptop for
repairing or replacement of the laptop. The store thereby offered to repair the laptop. But the
time taken for repairing the laptop will be of two weeks. Now Eleanor wants full refund of
the laptop as she wants to buy another one. In this case it can be stated that according to the
Consumer Rights Act, 2015 the problems regarding the laptop was there since the beginning,
soon this problem worsened. Therefore, the time period of thirty days which is stipulated in
the Consumer Rights Act, 2015 does not comes within this preview. But here the store
wanted to repair the laptop therefore according to the Consumer Rights Act, 2015 Eleanor
cannot get the refund of the laptop. This is because here the store wanted to repair the laptop.
If the store did not want to repair or replace the laptop then Eleanor would have got refund of
the laptop.
In A and others v National Blood Authority and another [2001] 3 All ER 289
the claimant claimed that the product received was faulty.4
The issue in the second case is whether or not Eleanor can return the dress and
thereby get refund of the full money paid by her.
According to the Consumer Rights Act, 20155 the products which are received by the
consumer must be proper, satisfactory and it also must be in accordance with the description
4 A and others v National Blood Authority and another [2001] 3 All ER 289
5 the Consumer Rights Act, 2015

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of the product which is given. This law also includes digital content. Therefore, each and
every product which is bought online too is included within this definition.6
According to Section 35 of the Consumer Rights Act, 2015 each and every contract
for supplying goods must be made according to the description. The description which is
stated and the products which are delivered must be the same.
If the product which is supplied to the consumer is a sample then even the
sample product must match with the description which was stated earlier.
According to Section: 36 of the Consumer Rights Act, 2015 it is stated that the
product which is received must match with the description of the product which was seen and
examined before buying the product.
In Gee and Others v Deputy International Limited [2018] EWHC 12087 case the
claimant stated that the product was faulty but failed to prove it.
According to Section 16 of the Consumer Rights Act, 2015 it is stated that goods must
match with the display in case of a digital content.
According to Section 34 of the Consumer Rights Act, 2015 it is stated that each and
every product which is supplied on the basis of digital content must be satisfactory in respect
of quality. Quality with respect to digital content here includes the state as well as the
condition of the products. This includes that the product must be safe to use. It also must be
durable without any defects as well as fit for using.
According to Section 42 of the Consumer Rights Act, 2015 it is stated that if the
digital content does not match with the product thereby received then the consumer has two
6 https://www.legislation.gov.uk/ukpga/1979/54
7 Gee and Others v Deputy International Limited [2018] EWHC 1208

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rights. The first one is right to repair or replace and the second one is the right to price
reduction. Some other remedies which are available to the consumers are that the consumers
can claim for damages, they are also entitled to refund. The consumers can also ask for an
order of specific performance or for specific implement.8
According to Section 43 of the Consumer Rights Act, 2015 it is stated that if the
product which is delivered does not match with the digital content then the consumer has the
right of repairing it or replacing it. In this regard it must be stated that the consumer must do
it in a reasonable time. If there is a chance of repairing the product then the consumer cannot
ask for replacement. If the consumer has asked for replacement of the product then he cannot
ask for repairing.
According to Section 44 of the Consumer Rights Act, 2015 it is stated that the
consumer has the right of reduction of price if the product received does not match with the
digital content.
According to Section 45 of the Consumer Rights Act, 2015 it is stated that the
consumer has the right to refund the full money with respect of the digital content.
In this case Eleanor ordered a dress online by seeing the picture of the dress. Eleanor
agreed with the terms and conditions of the site while buying the dress by clicking I agree
button. But in reality she did not even read the terms and conditions before clicking the I
agree button. The dress which she received later was exactly the same which she saw online
while buying the product. But then she changed her mind and did not like the dress.
Therefore, she wanted to return the dress and wants her money to be refunded. Here
according to the Consumer Rights Act, 2015 Eleanor is not entitled to refund. Eleanor cannot
8 https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

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even return the dress. This is because the dress which she had received was exactly the same
to the picture given in the site. The quality of the product was also not faulty. But in this
regard it can also be stated that according to the Consumer Rights Act, 2015 the product must
be used for a specific purpose. If Eleanor wants she can ask for repair or replacement of the
dress stating that the dress was not fit for her purpose. But in this case too Eleanor cannot
return the dress and gain refund of her money if the site offers repairing or replacement of the
dress. Eleanor can also want for replacement or repairing of the dress stating that the dress
did not fit her. But in this case too Eleanor cannot ask for refund of the money by returning
the dress if the site offers repairing or replacement of the dress according to Consumer Rights
Act, 2015.9
In Richardson v LRC Products Limited (2000) 59 BMLR 185 case10 the product was
faulty this was claimed by the claimant. But the judge stated that she has failed to prove it.
The issue in the third case involves whether or not Eleanor and her Mother Helen is
entitled to receive refund or damages for the harm and loss which was caused to them.
According to Section 5 of The Consumer Protection from Unfair Trading Regulations,
200811 states that if the product contains false information or the information which is not true
with respect of a product or if the overall presentation of the product deceives the consumer
or factually incorrect information then this is forbidden by law.
According to Section 2 of the Consumer Protection Act, 1987 if any damage occurs
because of any defect in a particular product wholly or partly then the producer of the
product, if any person puts his name on the product by using a Trademark or any other mark,
9 http://www.legislation.gov.uk/ukpga/2015/15/part/2/enacted
10 Richardson v LRC Products Limited (2000) 59 BMLR 185 case
11 The Consumer Protection from Unfair Trading Regulations, 2008

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if any person has imported the particular product from any other country will thus be liable in
respect of the damage which is thereby caused.
According to Section 5 of the Consumer Protection Act, 1987 damages in this Act
means death of any person. Damages also include the personal injury which is caused to any
person. This includes damage or loss of any property including land.
Section 10 and 11 of the Consumer Protection Act, 1987 deals with the safety
regulations which are available to the consumer. It is stated that the products must be safe for
use.
The products also must not hamper the safety of any individual. This Section also
states that the appropriate information with respect of the goods must be provided for the
consumer’s safety. It is also stated that any warning or information regarding the product
must also be stated for the safety of the consumer.12
Section 12 of the Consumer Protection Act, 1987 deals with the offences which are
caused against the safety of the consumer.
It is stated that if any person makes false statement or gives wrong information
regarding a particular product to the consumer, then that will amount to an offence by the
Consumer Protection Act, 1987.
According to Section 12(5) of the Consumer Protection Act, 1987 if any person is
guilty of an offence according to Section 12 of the Consumer Protection Act, 1987 then that
person will be liable to imprisonment for a term of six months maximum.
12 http://www.legislation.gov.uk/ukpga/1987/43/section/5?view=extent#extent%3Dengland

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Fine can also be imposed upon that person who must not exceed level 5 of standard scale.
The person will thus be liable to either fine or imprisonment or both.
In this case it can be stated that Eleanor bought an expensive casserole dish for her
Mother Helen for her birthday. In the labels it was stated that the casserole dish was oven
proof. But when Eleanor put the casserole inside the microwave the microwave shattered
causing irreparable damage to the microwave. But neither Eleanor nor her mother was
affected. In this regard it can be stated that it was the fault of the producer and every other
person who was associated with the casserole, according to Section 2 of The Consumer
Protection Act, 1987.13 Damages also include the personal injury which is caused to any
person. This includes damage or loss of any property including land, according to Section 5
of the Consumer Protection Act, 1987.It can also be stated that the information and the facts
stated on the label of the casserole was faulty. In this case the information provided was
misleading. Therefore, here Eleanor and her Mother Helen can claim damages as offence
according to Section 12(5) of the Consumer Protection Act, 1987 was caused to them even
though no physical harm was caused to Eleanor or her Mother Helen. Here Eleanor and her
Mother Helen can sue each and every person who is associated with the product as well as
they can also claim damages for the irreparable loss which is caused to their microwave.
Therefore the persons who are associated with the casserole can be punished with maximum
six months of imprisonment of with a fine or both of these. Criminal liability is also there
with regards to defective products. Here, criminal liability is of the producer of the product
and each and every one associated with the making of the product. This happens in respect of
the specific offences, according to the General Product Safety Regulations14. In Abouzaid v
Mother care (UK) LTD: CA 21 DEC 2000 case15 the claimant suffered loss because the
product contained misleading information.
13 The Consumer Protection Act, 1987
14 General Product Safety Regulations
15 Abouzaid v Mother care (UK) LTD: CA 21 DEC 2000 case

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Thus to conclude the first topic it can be stated that Eleanor is not entitled to refund
from the store for the laptop as the store wanted to repair the laptop. The second topic it can
be stated that Eleanor is not entitled to refund of money by returning the dress. If there was
any fault in the dress or if the dress did not match with the picture which was given in the site
then Eleanor could have asked for repairing or replacement of the dress or price reduction or
refund of the money by returning the dress according to the Consumer Rights Act, 2015. The
third topic it can be stated that Eleanor and her Mother Helen can claim refund as well as
damages for the irreparable loss which has occurred to them and also with regards to the false
information stated in the label of the product.

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Reference List:
A and others v National Blood Authority and another [2001] 3 All ER 289
Abouzaid v Mother care (UK) LTD: CA 21 DEC 2000 case
BSS Group Plc v Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809 case
Gee and Others v DePuy International Limited [2018] EWHC 1208 case
http://www.legislation.gov.uk/ukpga/1987/43/section/5?view=extent#extent%3Dengland
http://www.legislation.gov.uk/ukpga/2015/15/part/2/enacted
http://www.legislation.gov.uk/uksi/2008/1277/regulation/5/made
https://www.legislation.gov.uk/ukpga/1979/54
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
In Trebor Bassett Holdings Ltd & Anor v ADT Fire and security Plc [2011] EWHC 1936
(TCC) case
Richardson v LRC Products Limited (2000) 59 BMLR 185 case
The Consumer Protection Act, 1987
The Consumer Protection from Unfair Trading Regulations, 2008
The Consumer Rights Act, 2015
The General Product Safety Regulations
The Sale of Goods Act, 1979

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