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The rise of consumerism and consumer rights Essay: The rise of consumerism and consumer rights Law essay question: Has the rise of consumerism and consumer rights recently, been adequately balanced with appropriate redress by the law as it stands?
Support your answer with relevant statutory and case law examples.
The rights of the consumer are protected in various ways in UK Law. The Regulations made some significant changes to the rights of consumers by substantially altering the Sale of Goods Act as amended.
They introduced additional rights where consumers purchase goods that turn out to be defective, and included provisions on guarantees given to consumers without extra charge Timewell, Terms implied under the SOGA are conditions provided that the Buyer has not accepted the goods, and so if the seller is in breach of contract, the Buyer has various remedies as defined by statute.
The Seller may seek to limit the type and extent of remedies available to the Buyer but may only do so as far as permitted by statute i.
- This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) , which is the largest overhaul in Consumer Law in Australia in the past twenty five years. This is not an example of the work written by our professional essay writers. A REPORT ON CONSUMER PROTECTION LAW It will benefit consumers, retailers, business and community. The awareness of the consumer rights, consumer responsibilities and settlement of disputes are the focal issues. The most important feature of the case study is the. Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers), and to the formation of consumer organizations, which help consumers make better choices in the marketplace and get help with consumer complaints. Other organizations that.
These remedies were already widely used in the UK prior to the legislation being amended as many suppliers, in the interests of good customer relations, allowed customers to return goods — but of course this did not have status in law Singleton, A.
If the Buyer takes the option either to repair or replace, he may not then reject the goods and terminate the contract for breach of condition assuming that the non-conformity amounts to a breach of condition until he has given the seller a reasonable opportunity to repair or replace Essay on consumer rights goods SOGAs 48D; SGSA ss 11M 211Q.
Of note, however, there is no test for refusing price reduction or rescission of the contract on the basis of proportionality, according to what is least burdensome. This is not a bad thing for consumers, who can demand rescission for a relatively minor defect where repair or replacement would be too expensive; however, the Courts have wide powers under the SOGA to replace the remedy required by the consumer with one it considers appropriate Section 48E 3 4 which may mean that the Consumer does not get the redress that he wants.
However, it is unlikely that the Courts will use the remedy frequently where the difference in cost between the contract price and the price of available substitutes can be recovered as damages under Section 51 3 SOGA Harris, The replacement remedy under Section 48B of the Act is welcome because, prior to the introduction of this, a consumer might find that even if he could obtain a refund, it would cost him substantially more for the same goods elsewhere although the additional costs would arise as a result of the natural and probable consequences of the breach and could be reclaimed, but there should be no need to go to the trouble of claiming under the new provisions.
The Buyer has to give the Seller a reasonable opportunity of repair and replacement, which may cause inconvenience to the Buyer who likely purchased the goods because he wanted use of them straight away.
The remedies under Sections 48A-D of the SOGA are available when the goods do not confirm to the contract, and the burden of proof is favourable towards the Buyer — the goods will not conform where they are misdescribed, unsatisfactory quality or unfit for their purpose.
If this happens within six months of delivery, Section 48A creates a presumption that the goods were non-conforming when they were delivered, i. The Regulations also make provisions as to guarantees that manufacturers and retailers offer to consumers, which need not be formal but may be contained in brochures, sales literature, materials provided with the goods, advertising and websites Singleton, B.
Consumers may find they have further recourse against either a retailer, or the manufacturer of goods despite the absence of a contractual relationshipwhere anything said amounts to a guarantee. The effect of this is that, since the guarantee will be legally binding on the person offering the guarantee, the customer can seek redress from the manufacturer for example, for repair or replacement or against the retailer unless, for example, at the time the contract was made, they were not, and could not reasonably have been, aware of the statement of guarantee Singleton, B.
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Other areas of law have evolved to give consumers greater recourse where products are defective. A breach of the Regulations does not give an individual cause of action where they have suffered loss Regulation 42but other legislation covers such scenarios: Section 2 of CPA provides a remedy to a person injured by a defective product, without the need to prove negligence, and of course where the consumer is the purchaser, they have all the remedies of the SOGA outlined above.
Consumers still have the right to seek damages through the courts — there is a six-year deadline for court action in England and Wales five years in Scotland. In conclusion, it is notable that the complexity of the new system of remedies is in sharp contrast to the simplicity of the previous regime, and it may be that consumers, and their advisers, have difficulty adjusting to the new rules Ervine, The remedies available have clearly been reviewed and strengthened alongside the development of consumer rights; although the right to have goods repaired or replaced merely formalises something that has been standard practice with reputable companies for many years.
Arguably any delay causes at least some inconvenience to the consumer who wants use of his purchase straight away. Further, it has been noted that there is no proportionality test for the remaining options of price reduction or rescission: Although the types of redress available to consumers have been expanded, consumers are now obliged to accept the additional options or may have these forced on them by the Court which may not reflect what they want.
Warranties, conditions and innominate or intermediate terms distinguished — also see The paper is going to discuss six consumer rights and why each of the rights is very important. The six rights of consumers include; the right to choose, the right to safety, the right to be informed, the rights to be heard, the right to redress and the right to environmental health.
Essay on consumer rights and duties of a citizen.
November 21, Essay on consumer rights and duties of a citizen. 0. Fruit electricity research paper essay education is the key of life artwork comparison essay conclusion billettservice oslo essays my next destination essay writer.
Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers), and to the formation of consumer organizations, which help consumers make better choices in the marketplace and get help with consumer complaints. Other organizations that. This free Law essay on Essay: The rise of consumerism and consumer rights is perfect for Law students to use as an example.
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View act essay 20 dissertations la guerre gratuitous. Consumer rights are is all about making sure that when something is bought, lost, stolen or found, or a service has been paid for and has not been provided, that .