UGB 110 Business Law Report: Consumer Rights Act Analysis

This report delves into the intricacies of business law, focusing on the Consumer Rights Act 2015 and its implications for consumer protection. It analyzes implied terms in contracts, the transfer of property rights, and remedies available for breach of contract, examining the rights of both buyers and sellers. The report also addresses product liability, exploring the legal responsibilities of companies regarding product defects and negligence. Through case studies, such as BSS group Plc V Makers (UK) Ltd. and Wilkes v Depuy, the report illustrates the practical application of these legal principles. The analysis covers relevant statutory provisions and provides a comprehensive overview of the legal framework governing business transactions and consumer rights. The report also outlines the statutory provisions on buyer's and seller's remedies in sale of good contracts. Moreover, it analyses the product liability under consumer protection act 1987.

INTRODUCTION TO
BUSINESS LAW

INTRODUCTION
Business refers to such law that is imposed mainly in relation to securing right of the
parties or any person that are dealing business with each other or entering into the contract to
attain more profits or longer terms business gain (Bakar, Yasin and Razali, 2018). Present report
is based upon the consumer rights Act, 2015 which is imposed for securing the rights of the
consumer which are affected through buying and selling of any goods or services. The case study
is based upon the issues between the Mr john and Departmental stores from where they purchase
TV.
CONSUMER RIGHTS ACT, 2015
Q1:
Implied terms
Implied terms are mainly relating to the contract which is based upon the terms which is
said orally and there is no such wording which is written in agreement. In respect of putting their
terminology in the contract of sale, it mainly reflects the seller skills and criteria regarding
selling the products and the buyers prefers to purchase the products by depending upon the
wording of the sellers (Giliker, 2017). Thus, in such manner the contract of sale is imposed in
relation to the discussing the matters orally or convincing the other parties to enter into the
contract. Usually, it is stated that implied contract mainly covers two aspects such as implied in
facts and implied at law. Implied in facts refers to the situation which the parties need to perform
depends upon the facts in situation. Implied at law refers to the duty which the seller liable to
perform under the acts which is mentioned in the contract.
Legal aspects in Implied terms
In context of legal terms which is implied in contract, as it refer to such conditions that
are not mentioned in contract but the seller are obliged to perform this terms in better way.
Usually the sellers during dealing with the buyers avoids entering into the implied terms as in
such cases there are more chances of confusion and also resulting in taking advantages of the
company services for longer way (Khan, 2017). Thus, the legal rules which is mentioned under
the implied terms is relating to the providing the satisfactory quality of the products or the
purpose which they prefer these products must be useful or installed the products correctly, if it
is clearly mentioned in contract. As it is impossible to mention every thing in business contract

thus few things are implied terms which is necessary to be fulfilled if the parties are dealing in
any such activity relating to sale or purchase of goods or services.
Consumer right act, 2015
Under the consumer rights act, 2015 it is primarily imposed in respect of securing and
protecting the basic right and needs of the people regarding attaining the particular task. This
contract is mainly splits into three parts, first part is relating to entering into the contract or with
the digital consents or the second parts is relating to the unfair terms through which the conflict
arises or the third part is relating to the any type of miscellaneous provision mentioned in
contract (Riefa and Willett, 2018). In the case study, the matters are related to unfair terms and
condition which is mentioned in contract. As under the Unfair contract terms act, 1977, it
indicates that unfair terms are mentioned in contract regarding dealing in business relating to
purchasing or selling of goods.
John rights
Thus, John carries various rights under the supply of Good (implied contract) Act, 1973
as they carry the liability and enjoy the rights which is mentioned in contract instead if it is the
implied contract. As the only exclusion which is made in implied terms is relating to the activity
mentioned under the exclusion clause. In such case, John buys the TV by agreeing with the
condition which is suggested by Sarah, the store manager. Thus, if they face any such defects
and also not agreeing with any of the condition which in mentioned in contract, they can file the
suit under the consumer right act, 2015 (Draper, Ibezim and Newton, 2017). As john purchase
the TV with viewing the judgement and presentation made by Sarah regarding purchasing the
TV and on her condition which is implied, John signed the contract. In such aspects John filed
the suit or make an appeal under the consumer right act, regarding getting compensation for the
losses incurred or can replace the TV as nothing specifically has been mentioned in contract
regarding the problems faced after installing the TV.
Suitable case study:
This is supported with the case study of the BSS group Plc V Makers (UK) Ltd. [2011]
EWCA Civ 809 as the issues are raised related to undertaking the projects of the plumbing which
is one of the part of the renovation of the project. After activation of the plumbing within few
hours the activation turned to be the damages with the floods on the group floor of the building.
Thus, in such manner the BCC fails into breach in regarding not getting accurate work on which

perceptive the failure in implied terms are examined. As the breach is undertaken in respect of
section 14 of the sale of goods act, 1979. As under this act, the seller is liable to perform the
contract which they said in respect of entering into the contract (BSS group Plc V Makers (UK)
Ltd. [2011], 2017). The breach arises in relation to not fulling the terms as per the said
conditions. Thus, judgment is raised in respect of paying compensation to Makers as makers
purchased the products in relation to the seller skill and judgment. In such manner, they carry the
legal rights in respect of following the condition in right manner.
Q2:
In respect of undertaking the matters related to transfer of property or possession of the
property it is mainly adapted under the property act. As transfer of property is mainly related to
given ownership rights to enjoy the property by signing the contract and following all the terms
which is mentioned under the contract (Krebs, 2018). The statutory provision is relating to the
rules and regulation which is mentioned in the legislative body and it is created by statute. It
refers to the written laws which is mentioned in statute and thus, the duty is carried by the judges
in respect of taking the right decisions.
In relation to the matters related to transfer of the property act. The goods are transfer to
the property, and they sign the contract regarding following all such terms, this indicates that
parties not commit breach in any of the terms mentioned in contract. Mr. john carries various
rights in regard of matter related to transfer the property, as the department store carry the
liability in respect of performing the task which is decided in contract. In this case the property is
transferred in form of TV (Latimer, 2016). Under the statute laws, the written laws is mentioned
in property act, that the seller is liable to fulfil all the condition which they disclosed to the
buyers regarding the implied and express terms.
Q3: Statutory provisions on buyer's and seller's remedies in sale of good contract.
Remedies for breach of contract
There are various agreements that are commercial containing the prompt provision for the
consequences. In the agreement of giving the product service consumer is been given to require
from seller of making goods or replacing the defective items. There is a presumption that all
terms governing the contractual relationships have been stated by parties to contract in expressed
written form. This is done with intention of displacing any right and remedies given under rules
and regulations are not given in contract. Main aspect of because which is cumulative remedial

article is of ensuring which rights of parties been given in agreement is in addition to the rights
provided by general laws. Any specific remedy envisaged by party should be preserved
specifically in contract. Provisions of Consumer Rights Act, 2015 are applicable in breach of
contract.
Buyers remedies against seller for breach of contract.
Benefits available of purchaser of goods in breach of contract.
Suit for compensation for non delivery.
If the trader is intentionally refuses or neglects to provide product to consumers, it can
target the trader for compensation related to not providing of goods. The compensation or
damages are in addition of the rights of recovering the price paid.
Suit for the price
In this case consumer has already given the prices for services that have been delivered,
than the buyer has the right of recovering for the amount given.
Suit for the specific performance
In this case the products are ascertained and specific, consumer can raise questions or the
performance that is specific of the legally binding agreement and of compelling him for
delivering same goods (Remedies to Buyers, 2019). Courts have ordered for the performance that
is specific for goods are ascertained or specific and they can also claim for remedy
Suit for the breach of warranty
In this case the seller breaks the contract and also the consumer elect or he is totally unaware of
the Breach of Contract of conditions as the breach of warranty, goods cannot be rejected by
buyer. Buyer may, 1) set up breach in extermination or in reduction of price that is given or 2)
sue for damages the seller for the damages.
Suit for the interests.
In this consumer can cover up interests and the damages that are special that is taken by
the law. He can also recover money that is paid and considerations for payment has failed.
Remedies to seller in case of breach of Contract by Buyers
The following remedies are available to seller against buyer.
Action for price

Sale of Goods Act 1979, provides the seller with multiple actions for price of goods and services.
The seller can recover the cost of goods when they have been passed on to buyer (Sales of Goods
Act, 1979, 2019).
Damages for non acceptance
Seller may bring actions against the consumer in accepting products and has not been
able to recover in making payments. Damages will differ upon if goods can be resold.
Lien
Where the seller has performed the work as per contract and buyer fails to make payment
of the work done. Trader has right of retaining the property for recovering the payments.
Right of Stoppage
If the seller is unpaid than he has the right to stop the goods that are being transported to
buyer.
Q4:
Under the consumer protection act, 1987 the liability of the products is to be maintained
by the company in respect of committing activity in any three manner such as action which is
examined through negligence or breach in any of the terms or claim which the buyers can filed
under the consumer protection act (McGaughey, 2016). Thus, the product liability depends upon
the following situation such as in case of negligence which is faced by the seller regarding not
disclosing the accurate information about the products. The breach which they committed or
examined under the fatal accidents act, in which the death of the other party occurs, in such case
the defendant is punishable under the laws which is written or mentioned under the constitution
(Shears, 2016). Thus, in this present case, John carries the rights in respect of getting
compensation in any such manner when they file the suit under the consumer protection act.
This is supported with the case study of the Wilkes v Depuy [2016] EWHC 3096 (QB),
the issued is raised regarding undertaking the defects which is applies in product liability. As
liability is to be carried by the seller in respect of providing the accurate products which is
demanded by the buyers (Wilkes v DePuy (2016), 2020). Thus, Mr Wilkes claim against DePuy
in respect of carrying negligences in delivering the goods. Through this manner, the issued of
defects occurs by not providing the quality goods as stated in the contract.

CONCLUSION
From the above study, the report concludes that consumer rights act is mainly designed to
secure the right of the citizen or also provide equivalent remedies in respect of facing any issues
regarding breach or negligences in performing the contract. As business identity depends upon
the sale and purchase of goods or services and for that both the parties enter into the contract
regarding transfer of property or possession. In this report, it also examined that whether the
contract is based on implied terms, it is also valid and seller is obliged to perform such contract
in right manner.

REFERENCES
Books and Journals
Bakar, N. M. A., Yasin, N. M. and Razali, S. S., 2018. Consumer Rights Act 2015 (United
Kingdom): Is it a Good Model in Protecting Banking Consumers from Unfair Terms in
Islamic Banking Consumer Contracts in Malaysia?. Jurnal Undang-undang dan
Masyarakat. 22. pp.21-31.
Draper, M. J., Ibezim, V. and Newton, P. M., 2017. Are Essay Mills committing fraud? An
analysis of their behaviours vs the 2006 Fraud Act (UK). International Journal for
Educational Integrity. 13(1). p.3.
Giliker, P., 2017. The Consumer Rights Act 2015–a bastion of European consumer rights?. Legal
Studies. 37(1). pp.78-102.
Khan, M. A., 2017. THE ORIGIN AND DEVELOPMENT OF CONSUMER PROTECTION
LAWS IN UNITED KINGDOM. Journal of Asian and African Social Science and
Humanities (ISSN 2413-2748). 3(3). pp.38-52.
Krebs, J. H., 2018. Online contracting and the supply of digital content to consumers (Doctoral
dissertation, Swansea University).
Latimer, P., 2016. Protecting consumers from unfair contract terms: Australian comparisons.
McGaughey, E., 2016. The charter of consumer rights and the UK Supreme Court. Available at
SSRN 2765376.
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.
Online
BSS group Plc V Makers (UK) Ltd. [2011]. 2017. [Online]. Available through:
<https://www.casemine.com/judgement/uk/5a8ff71c60d03e7f57ea7aa9>.
Wilkes v DePuy (2016). 2020. Online. Available through:
<https://www.clydeco.com/insight/article/wilkes-v-depuy-2016>.
Sales of Goods Act, 1979. 2019. [Online]. Available
through:<https://essaywritingserviceuk.co.uk/advice-and-guidance/free-essays/identify-
the-remedies-available-to-a-seller-and-critically-analyse-whether-they-provide-adequate-
protection-in-the-event-of-a-breach-of-contract-committed-by-the-buyer>
Remedies to Buyers. 2019. [Online]. Available through: <https://www.inbrief.co.uk/consumer-
law/remedies-buyers-sale-of-goods-contract/>