Consumer and Commercial Law: XO.com and Consumer Rights Act 2015

This report provides an in-depth analysis of the Consumer Protection Act 2015, focusing on consumer rights and the responsibilities of businesses. The report examines the advantages of trading standards officers and their powers in enforcing consumer protection laws. It analyzes a case involving XO.com and the COOLPOINT company, exploring their liabilities under the Act, particularly concerning product safety and the consequences of unsafe products. The report discusses the rights of consumers, including the ability to reject unsatisfactory goods and claim refunds or repairs. It also covers the role of trading standards officers in investigating unfair trading practices and taking legal action. The analysis includes relevant sections of the Consumer Rights Act 2015 and other legal principles related to product safety and business responsibilities. The report concludes that XO.com is liable under the Consumer Protection Act 2015.

RUNNING HEAD: CONSUMER AND COMMERCIAL LAW 0
Advantages of trading standard
officer and Consumer
Protection Act
February 18
2020

CONSUMER AND COMMERCIAL LAW 1
INTRODUCTION
In the particular case, the discussion would relate to the Consumer Protection Act, 2015 of
United Kingdom the benefits and the advantages given to the consumers of UK. In the
consumer protection act all the provision is given for the consumers, which shall be discussed
in this topic. The receipt, which must be given to the consumer while purchasing the product,
which mentions some description given below-
a) The amount of the product which is paid by the consumer
b) The purchase date
c) Product description
d) Any professional fee, which is charged
e) Any other product related information
As if the receipt is given to, the customer that is the adequate evidence of the purchase made
by the consumer of the goods and it can be used for the refund of the product in any situation.
The consumer protection act will provide all the compensation which any consumer has faced
after purchasing the product. All the provisions are mention in the consumer protection act,
which is for the rights of the consumer.
Issue
Whether the company XO.com is liable under Consumer Protection Act, 20151 or not?
Rule
In the Consumer Protection Act, 2015 there are provisions which is given for filing the
complaint that who can made the complaint-
a) The minor person can also make the complaint but the complaint will be made by his
parents
b) The person who himself is not able to make a complaint because of any infirmity or
has died. The member of the family or his personal spokesperson can make the complaint.
1 Consumer Protection Act, 2015

CONSUMER AND COMMERCIAL LAW 2
The complaint, which is made to the commission, may be given verbally or in written form.
There are various services, which must provide to a customer- the provider will be liable to
make a full repayment to the customer2. The second clause says that the company for the loss
incurred must provide the compensation. Goods are defined under the section 2 of Consumer
Rights Act 2015, which says any physical transferable matters, but that consist of H2O,
smoke and power if and only if placed for supply in a restricted capacity or fixed quantity3.
The question arises whether the product is safe or not4. As people generally have the right to
expect about the product, which is describe under the Act, the loss, which occurred of the
officer of the building, comes under the sale of goods act where the main subject is of safety.
The personal indemnities initiated by the goods whose safety issue is not mandatory
sufficiently serious to provide them defective under the significance of the Consumer
Protection Act5.
The world economic forum defines about the liable business, which is when doing the
business the business should be in that manner that follows law and manufacture safe and
cost effective product. In addition, there should be focus on the wealth, supports training and
technology. In contract, the consumer has full legal right to reject the goods, which are not
satisfactory and has the legal right to get the refund of the goods purchased this provision is
defined under the section 20 and 22 of Consumer Rights Act 20156. It is the duty of the
customer to return it within 30 days but if not happen than also the consumer has the option
of repair or replace defined under the section 23 of Consumer Rights Act 20157.
The powers of the trading standards are given under schedule 5 of the Consumer Rights Act
20158; the first power is to enter the locations, the supremacies to examine and authority to
secure or grab material that possibly required in proof. The trading standard officer can at any
time can go to the locations and inspect the products and documents; they can check the
2 Cartwrit P, Consumer protection and the criminal law theory and policy in the UK (Cambridge University
Press 2001)
3 Consumer Rights Act 2015,s2
4 Coppack, M; Brennam, C Consumer empowerment global context, UK strategies and vulnerable consumers
2008 32(4) International Journal of Consumer Studies
<https://www.cambridge.org/core/search?
q=International+Journal+of+Consumer+Studies&_csrf=GhR6Vg9H-W2NsGa4smdefk-
uvK1ZVX1os1qI accessed 18 February 2020 >
5 Howells, G; Weatherill, S Consumer protection law 2017
6 Consumer Rights Act 2015, s20,s22
7 Consumer Rights Act 2015, s23
8 Consumer Protection Act 2015, sch 5

CONSUMER AND COMMERCIAL LAW 3
weights and measurement of the product and test the authenticity of the product9. The trading
officer can go the premises with the warrant issued from the court and can enter forcefully
wherever it is required and when they know that the entry might be refused and blocked.
When the entry is for the regular inspection, than it is mandatory to give two days’ notice in
written before entering into the locations10. However, the notice might not be needed when
the person already have ignored the need for taking it. The individual has given the rational
doubt of breaking the law than also trading officer can enter the location without the written
notice. When there is risk of public health and safety than also trading officer does not need
to give the written notice. The last one when the entry is for the marketplace scrutiny
activities under the safety law, the written notice requirement is not necessary11. Last, but not
the least, when the trading officer is in doubt that there is infringement of the trading standard
law than they have the full authority to seize the products. Some infringements can be
resolved through suggestions and agreed curative actions, like changing of the product etc.
but in the all the cases where huge loss have occurred.
Application
In contract, the consumer has full legal right and authority to reject the goods, which are not
satisfactory and damaged, the customer has the legal right to get the refund of the goods
purchased this provision is defined under the section 20 and 22 of Consumer Rights Act
2015. It is the duty of the customer to return it within 30 days but if not happen than also the
consumer has the option of repair or replace defined under the section 23 of Consumer Rights
Act 2015. The company is liable under these sections as when Ismail made the complaint it
was the duty of the company to repair it or return the refrigerator. The trading officer can sue
the company.
In this case, Trading officers will practice the information people give to examine the unfair
trading and illegal business activity. The trading officer only take the business matter into the
court, they cannot help the people in getting the refund of the product or the thing but only
9 Loughrey, J Corporate lawyers and governance,(Cambridge university press 2011) Coppack, M; Brennam, C
Consumer empowerment global context, UK strategies and vulnerable consumers 2008 32(4) International
Journal of Consumer Studies
10 Chriss Willet The Cambridge Law Journal (2012) 71(2) General clauses and the competing ethics of European
consumer law in the UK <https://www.cambridge.org/core/journals/cambridge-law-journal/article/general-
clauses-and-the-competing-ethics-of-european-consumer-law-in-the-uk/
F825BCCF8CF05A8F0FDB72D1C90EEFD4> accessed 18 February 2020
11 Armstrong, M; Vickers, J Consumer protection and the incentive to become informed (2009) 7(2-3) Journal of
the European Economic Association< http://citeseerx.ist.psu.edu/viewdoc/download >accessed 18 February
2020

CONSUMER AND COMMERCIAL LAW 4
help in taking the business in the court. These are information which can be report to the
trading standard of the business which are unsafe and dangerous electronic devices such as
the refrigerator in the present case, bogus devices, suppose one purchased the holiday
package, but something was missing in that package which was already promoted. Something
the person does not intend to buy but the company pressurizes to buy.
The individuals also tell the trading officer about the business, which defrauded the person
say like when the person purchase something online but they did not get it. The company
compel the person from using their legal rights12. The trading officer will decide whether to
investigate the matter and take it to the court. The trading officer will contact the individuals
who suffered only when they need more information13. The trading officers usually do not
contact the individuals; they will only use the evidence, which is related to the incident for
example the other individuals make objections about the same business. In this case, the
trading officer will take the action against the company XO.com and COOLPOINT as
because of their appliances the whole building was on fire and around 100 people lost their
lives, the trading officer will sue the company and take them to the court.
Conclusion
On the basis of the analysis of the case, with the rules, it can be concluded that XO. Com is
liable under the Consumer Protection Act, 2015.
Issue
Whether Ismail has any product safety claim or not?
Rule
The law on product safety must be considered there are laws in UK related to the products,
the common manufactured goods safety regulations 2005 in this act. The requirement of this
act is that product or the goods must be safe in usage and if found some reasonable damage
than this authority has the power to take action against the company. There are demonstrating
rules for the manufactures and the traders for placing the good on the market in the UK. They
are bound by the following safety requirements. They include
 The risk must be minimised which is associated with product.
12 Marsden, P; Whelan, P Consumer Detriment and its application 2006 27(10) European Competition law
13 Parag, Y; Darby, S Consumer–supplier–government triangular relations: rethinking the UK policy path for
carbon emissions reduction from the UK residential sector 2009 37(10) Energy Policy

CONSUMER AND COMMERCIAL LAW 5
 Maintaining the record related to technical documentation
 The labelling on the goods must be perfect
 Giving all the instructions related to the safety use.
There is a rule that if you are selling the product in the business than it must be the safe
product. The product, which is unsafe for the people that should not be sell and anyone, is
aware about the safety risk than he have the legal right to complain these to the manufactures.
If this thing does not happen than the individual is also liable in the event of harm to a person
or damage to property14. There are other measures, which should be taken by the company
related to corrective action and safety event. The Senior Court Act 1981 defines the
arrangement and powers of the senior benches of England, this includes of court of appeal.
The Consumer Rights Act 2015 give damages claims to be present in front of CAT, high
court collective actions are usually present in front of chancery division or the commercial
court. The entitlements, which can be inclined of in the similar proceedings, come under the
collective actions and this is heard by the high court. There are several claims, which are
brought by the claimant having cause of action lifting related issues or similar issue.
Collective action occurs in all fields but they are seen in private injury, carelessness and
opposition claims. In the case Emerald Supplies Ltd v British Airways plc [2010] EWCA Civ
1284,15 it was observed that
 It is very convenient to say that the group of represented class is having the same
interest
 The benefit and relief must be provided to everyone without any negligence.
 It is not mandatory that the membership of the person remains the same but it may be
fluctuating.
 It is not necessary in the beginning to describe who are there in the group or not.
The CAT may verify entitlements as entitled for joint proceedings, wherever there is the
satisfaction that the claim is consider on the behalf of a similar people who raised the
common issues. The CAT will observe-
Whether collective proceedings will help in having the impartial and effective determination
of the similar issue
 Is there are any benefits of collective proceedings and its cost
14 Ryder, N; Griffiths, M Commercial law principles and policy, (Cambridge university press 2012)
15 Emerald Supplies Ltd v British Airways plc. [2010] EWCA Civ 1284,

CONSUMER AND COMMERCIAL LAW 6
 Whether members of the class commence the similar issue or any separate
proceedings are there
 Nature and size of the class
 Whether there is any possibility to control for any person whether he is or not a
member of the class
 Whether the entitlements are appropriate for the reward of injuries
The number of applicants in high court entitlements- there are no limits in full number of
applicants for combine proceedings in a representative suit but there is limit of two in
minimum number of claimants16. There is no limit of individuals representing the suits but
not less than two members should be there for representing the suit. In the case of Austin v
Miller Argent (South Wales) Ltd [2011] EWCA Civ 92817 the court held that it is court
discretion to mark GLO, if there are not enough appellants who extremely want to precede
the litigation. The court may add the individuals in the court proceedings either by their
initiative or by the application. The application along with the evidence and with consent of
other members should be submitted in the court. The discretion of the court whether –
It is advantageous to add the fresh group so that the court of law can sought all the problems
associated with the dispute.
Issue arises when requiring the new group and the present group, which is associated to the
disputed matter and it, is necessary to add the fresh group in order to solve the issue. In the
civil procedures 19.6 clauses defines representative parties with the similar concern, which
says
1) Where more than one individual has the similar concern in an entitlement
a) The entitlement may be initiated
b) The court of law may command that the entitlement be sustained
2) The law court may through that a individual may not perform as a representative.
3) Any party may put on to the court of law for a command.
Application
According to the citizen advice bureau, there is product safety certain claims, which Ismail
can claim. The bureau of consumer protection stops unjust, misleading and dishonest
business practices by gathering complaints and managing inquiry, filing the legal action
against the companies and individuals that interrupt the law, forming the various rules in
16 Peyer, S Private antitrust enforcement in England and Wales after the EU Damages Directive , (Edward Elgar
Publishing 2018)
17 (Austin v Miller Argent (South Wales) Ltd [2011] EWCA Civ 928)

CONSUMER AND COMMERCIAL LAW 7
order to maintain a clear and fair marketplace, and educating customers and traders about the
legal rights and responsibilities18.
As was held by the court in the case, Emerald Supplies Ltd v British Airways plc where the
person has the similar interest in a claim against one or more of the individuals, the court may
order to continue the proceedings; and the same interest is defined under Rule 19.6 of the
Civil Procedures Rules.19In this case, the court gave the judgement and said emeralds claim
did not gratify the provisions of rule 19.6, as not all the appellants shared the same interest.
The other appellants does not have the same interest and some not have any kind of loss
occurred. In Ismail case, the loss occurred to the goods is claimed under the consumer
protection act with different interest. The people of the building have the different interest so
they cannot be considered. Just like the above case, the only side concerning the appellants
was that they might all have an entitlement for harms against XO.com. In case, Austin v
Miller Argent Ltd it was held that the appellant has a personal attention in the litigation does
not itself block her from attaining a protective cost order.
These people of the building are filing the case for the personal injury claims. The collective
action comes under the civil procedure rules and directions, which include Senior Courts act
198120 which is described above.
Conclusion
On the basis of above analysis, it can be concluded that Ismail do have the product safety
claims as it was the duty of the company to provide the safest product and when anything
happens to the product than the company would be responsible for that.
Bibliography
18 Mcdermont, M Acts of translation: UK advice agencies and the creation of matters-of-public-concern.( 2013)
Critical Social Policy< https://journals.sagepub.com/doi/10.1177/0261018312457859> accessed 18 February
2020
19 Civil Procedures Rules, R19.6
20 Osuji, O.K. Business-to-Consumer Harassment, Unfair Commercial Practices Directive and the UK 2011 34
(4)Journal of consumer policy, consumer harassment

CONSUMER AND COMMERCIAL LAW 8
Primary sources
Cases
Austin v Miller Argent (South Wales) Ltd [2011] EWCA Civ 928)
Emerald Supplies Ltd v British Airways plc [2010] EWCA Civ 1284
Statues and statutory instruments
Consumer Protection Act, 2015
Consumer Rights Act, 2015
Civil Procedures Rules
Secondary sources
Books
Cartwrit P, Consumer protection and the criminal law theory and policy in the UK
(Cambridge University Press 2001)
J Loughrey, Corporate lawyers and governance (Cambridge university press 2011)
N Ryder, M Griffiths, Commercial law principles and policy (Cambridge University press
2012)
P, Hughes; E, Ferrett, (Introduction to health and safety in construction 2012)
S Peyer, Private antitrust enforcement in England and Wales after the EU Damages
Directive, (Edward Elgar Publishing 2018)
Online journal
Coppack, M; Brennam, C Consumer empowerment global context, UK strategies and
vulnerable consumers 2008 32(4) International Journal of Consumer Studies
<https://www.cambridge.org/core/search?
q=International+Journal+of+Consumer+Studies&_csrf=GhR6Vg9H-W2NsGa4smdefk-
uvK1ZVX1os1qI accessed 18 February 2020 >

CONSUMER AND COMMERCIAL LAW 9
M Armstrong; J Vickers, Consumer protection and the incentive to become informed (2009)
7(2-3) Journal of the European Economic Association
<http://citeseerx.ist.psu.edu/viewdoc/download >accessed 18 February 2020
M Mcdermont, Acts of translation: UK advice agencies and the creation of matters-of-
public-concern. (2013) Critical Social Policy
<https://journals.sagepub.com/doi/10.1177/0261018312457859> accessed 18 February 2020
Willet Chriss, The Cambridge Law Journal (2012) 71(2) General clauses and the competing
ethics of European consumer law in the UK
<https://www.cambridge.org/core/journals/cambridge-law-journal/article/general-clauses-
and-the-competing-ethics-of-european-consumer-law-in-the-uk/
F825BCCF8CF05A8F0FDB72D1C90EEFD4> accessed 18 February 2020
Journal articles
Marsden, P; Whelan, P Consumer Detriment and its application 2006 27(10) European
Competition law
O.K Osuji, Business-to-Consumer Harassment, Unfair Commercial Practices Directive and
the UK 2011 34 (4) Journal of consumer policy, consumer harassment
Y Parag; S Darby, Consumer–supplier–government triangular relations: rethinking the UK
policy path for carbon emissions reduction from the UK residential sector 2009 37(10)
Energy Policy