Consumer Rights Act 2015: A Comprehensive Analysis

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An ability to appropriately apply the law
to business situations
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Table of Contents
Introduction......................................................................................................................................3
Legal rules on implied terms relating to the sale of goods and supply of services.........................3
Statutory provisions on the transfer of property and possession.....................................................4
Statutory provisions on buyer's and seller's remedies in the sale of goods contract.......................5
Product liability statutory provisions for faulty goods....................................................................5
Conclusion.......................................................................................................................................6
References........................................................................................................................................7
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Introduction
In this assignment, the main focus is over the consumer Right Act, 2015. Consumer Rights Act
plays an important role in protecting consumer rights from the practices of unlawful nature. This
assignment consists of the legal rule on implied terms about the supply of goods and services.
Further, it consists of the brief description concerning with statutory provisions on then transfer
property or possession. In this, there is an advice given to the provisions about the goods and
services regarding the contract of sale. It also consists of the applicability of the statutory
provisions for the goods of faulty nature.
Legal rules on implied terms relating to the sale of goods and supply of services
Legal rules about the sale of goods and supply of services as per the Sales of Goods Act, 1893
consist of these provision under Section 12 to 15 of the act. Section 12 states that as per the
contract of sale, until and unless the intention in the contract shown by the parties is different, it
is important that the implied condition on the sellers part that the seller posses the right to sale of
the goods and in case if there is an agreement for the sale of goods, then the seller must possess
the rights to sell the goods to the buyer at the time of passing of the property to the buyer. In case
of an implied warranty, it is important and right of the buyer to enjoy the possession of the
delivered property of the goods (Hawes and Twigg-Flesner, 2018). In case of an implied
warranty, the goods should be free of charge or encumbrance in a third party favor. It is crucial
that the goods not contain any condition that needs to be fulfilled by the buyer for receiving the
goods. Section 13 of this Act consist of the provision concerning the description of goods. In a
case where there is a contract for the sale of goods consist description, there must be implied
condition that the goods must be following the description given by the buyer and or the sample
approved by the buyer showed at the time of purchase of goods. It is not sufficient that the
goods of bulk nature along with the sample, if not satisfy the description of the goods given by
the buyer (Jansen, 2015). Section 14 of the act concerning with the implied condition about
goods quality and fitness. With the provision of this act, it states that there is no warranty or
implied terms or condition concerning with the fitness of the goods for the satisfaction of the
particular purpose supplied to the buyer under the sale contract (Razman, 2014). But this
provision contains some exceptions which include that when the buyer expressively or impliedly
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inform to the seller about the requirement of the particular purpose in the goods need to be
fulfilled, and the reliability of the buyer is upon the skill or the pronouncement or knowledge
shown by the buyer towards the seller satisfied the description required by the buyer in the
course of the business of the seller. The buyer satisfied with the description given by the seller
and realizes that the goods are fit to use for the particular purpose. Further, as per this provision
it states that, if the goods are bought by the buyer on the description given by the seller, then it is
implied condition that the goods belong to the satisfied quality and satisfy the purpose of the
buyer until and unless the examination of the goods by the buyer (Nwocha, 2018). But there is
no implied condition in case if the buyer detects the defect in the goods during then goods
examination. There must be no negative condition or warranty is added which is against the
provision of this act. In the end, it is advisable to Mr. John to take action against the seller
against the defective set of TV by using these rights.
Statutory provisions on the transfer of property and possession
As per the Sale of Goods Act, 1893 concern with the statutory provision about the transfer of
property and possession. In the case of John, the property is transfer between the store manager
(seller) and Mr. John (buyer) including the exchanger of the TV set for consideration. Section
16 to 20 of the Sale of Goods Act, 1893 includes the statutory provision about the transfer of
property. Section 16 of the Act state that the goods under the sale contract must be ascertained
and if any contract of sale of the unascertained goods then the no property in goods passed
between the seller and the buyer until and unless there must be ascertained goods under the
contract (Yusoff, et. al., 2016). Section 17 states that when there is a sale contract, the sale must
of specific and ascertained goods which need to be transferred to the buyer. The seller must have
the intention to transfers the goods to the buyer. The intention of the parties must be ascertained
from the terms and conditions of the contract of sale. Section 18 of the act, containing the rules
about the ascertaining of the intention of the parties. Where Rule 1, states that if there is
unconditional contract of the goods of specific nature, the property consists in the goods passed
to the buyer at the time goods delivered to the buyer or at the time of payment is made by the
buyer or at the time of delivery of goods (Øian and Skogen, 2016). Rule 2 of this section states
that when there is a contract of the specific goods sale. Rule 3, states that it is important that the
seller must deliver the goods for ascertaining the state of delivery but is not the responsibility of
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the seller to weigh, measure or test the goods for the ascertainments of the price. Rule 4 of this
section concern with the provision that the when the goods are delivered to the buyer on the
condition basis if sales return or on approval basis, the buyer must signify his or her approval. In
case of the sale of a contract of the goods belongs to the future or ascertained nature or are
unconditionally appropriated for the contract, wither for the seller with the buyer consent. The
assent given the buyer must be in express or implied form (Kumar, 2016). Section 19 of the act,
reserves the right of disposal where there is a contract of specific goods where the rights of the
disposal of goods are reserved until and unless some of the specified condition is fulfilled.
Section 20 of the act deals with the provisions concerning with the provision in relation to the
risk remain with the seller until and unless the risk in the property passes to the buyer but when
the property passes to the buyer, then the whole of the risk in relation to the goods passes to the
buyer, whether the delivery of the goods received by the buyer or not. It is also provided that
nothing in this section deal's with the effect of the duties or the liabilities of either the buyer or
the seller (Walsh and Fox O’Mahony, 2018). These sections assist Mr. John to take appropriate
action against the delivery of the default TV set.
Statutory provisions on buyer's and seller's remedies in the sale of goods contracts
Seller remedies against the buyer
The seller has various remedies against the unfair practices of the seller under the Sales of Goods
Act, 1979. Section 38 of the act consist the provision about the rights of the seller in case of
buyer paid no amount to the seller in engage of goods or if any cheque received by the seller got
dishonored. Further, there are various rights available to the seller for instance, Section 41 to 50
consist of the rights of the seller (Tillson, 2018). In case of part delivery of goods, lien
termination, stoppage of goods in the passage, sub-sale consequences and no acceptance of
goods. These are the remedies provided to the seller in case buyer breach of the terms of the sale
contract.
Consumer remedies against the seller
In case the seller refuse to end good to the buyer or wrongfully refuse for such delivery, then the
buyer has the right to sue for damages to the seller for the nondelivery of goods. Buyer has the
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right to recover the price in case of nondelivery of goods. If the goods belong to the specific
nature, then the buyer has the right to sue the seller for the specific performance and compel the
seller to send the goods to the buyer (Bridge, 2017). In case, if sellers did not send such goods,
then the buyer has the rights to take help of the court. Further, in the case of seller breach, any
warranty consists of the product and the buyer can sue the seller for breach of warranty of goods.
Further, a buyer can also recover damages in case of any breach of condition concerning with the
products. In this, there is a breach of sales condition by Miss Sarah while delievering the TV set
to the seller, then Mr John has the right to claim the abovementioned remedies and can claim
damages.
Product liability statutory provisions for faulty goods
As per the Consumer Rights Act, 2015, defective goods are all those products which are fit to
use, with quality satisfaction and the product is as per the provided description. Digital content
also includes where the products belong to the category physically, digitally or electronically
must meet out the several under mentioned standards. If this standard is not meet out then the
goods termed and defective goods.
First one is that the goods must be of a satisfying quality where there is no damage could be
found at the time of receives of such goods. The goods must be fit for the purpose it is used for
which it is supplied. Both buyer and the seller must know that foe which purpose the person buy
the goods. Further, the description of the goods must be relevant and satisfy the consumer needs
as per the describe sample show at the time of purchase by the seller to the buyer. Further, a
buyer can take action against the seller under the Unfair Terms in Consumer Contracts
Regulation. This regulation assists in regulation the provisions of the unfair terms and
constitution mentioned under the contract. It saves the innocent buyer against unfair practices
and gives the right to take appropriate action against the faulty goods.
Consumer remedies against the producer of the defective goods
In case of defective goods, there are several remedies poises by the buyer against the consumer
which includes that the buyer has the right to reject the goods and get a refund from the seller.
Secondly, the buyer has the right to get his product to replace or returned. In case the goods of
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faulty nature, the consumer has the right to use the warranty or guarantee in case of default of
goods. Further, the consumer has the rights to claim damages is equal to the cost of repair and
replacement of the goods. In this case, due to a defect in TV, Mr. John has all the above right as
per the Consumer Right Act, 2015.
Conclusion
As per the discussion above, it concludes that this essay enhance the learning of the students
concerning with the provision of the Consumer Rights Act, 2015 and it is important in the
business success and growth of both the buyer and the seller while trading. This essay assists in
providing appropriate advice and remedies to both the buyer and seller under the contract of sale.
This essay supports the learner to draw the logical solution concerning with the legal issues in
the business and educate the learners to enhance their knowledge concerning the applicable acts
over the business.
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References
 Bridge, M.G., 2017. The international sale of goods. Oxford University Press.
 Hawes, C. and Twigg-Flesner, C., 2018. Sales and guarantees. In Handbook of Research
on International Consumer Law, Second Edition. Edward Elgar Publishing.
 Jansen, S., 2015. Price reduction as an instrument to adapt commercial sales contracts
and its importance for SMEs. In International Association of Consumer Law (IACL)
Conference, Date: 2015/06/29-2015/07/01, Location: Amsterdam.
 Kumar, A., 2016. 32_Textbook on Sale of Goods and Hire Purchase (2010).
 Nwocha, M.E., 2018. Law of Sale of Goods in Nigeria: Interrogating Key Elements of
the Sale of Goods Act Relating to the Rights of Parties to a Sale of Goods
Contract. Beijing L. Rev., 9, p.201.
 Øian, H. and Skogen, K., 2016. Property and possession: Hunting tourism and the
morality of landownership in rural Norway. Society & natural resources, 29(1), pp.104-
118.
 Razman, M.R., 2014. Sale of Goods Act, 1957: The role of statutory implied terms
towards food and environmental sustainability. Research Journal of Applied
Sciences, 9(9), pp.624-628.
 Tillson, J., 2018. Law Express: Commercial and Consumer Law. Pearson UK.
 Walsh, R. and Fox O’Mahony, L., 2018. Land law, property ideologies and the British–
Irish relationship. Common Law World Review, 47(1), pp.7-34.
 Yusoff, S.S.A., Ismail, R., Manap, N.A., Isa, S.M. and Akrami, F., 2016. A Relook At
The Malaysian Law of Sale of Goods. The Social Sciences, 11(8), pp.1394-1400.
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