Consumer Protection Legislation
Consumer Protection Legislation
Unfair Contract Terms Act 1977
Section 1. The purpose of this part of the act is to assert that negligence means the breach of
any obligationof any terms of a contract where skilled work or reasoable care was required
Not only thit but it breaches common law duty to exercise reasonable skill and lastly it means the breach of the common duty of care
Occupiers liability act
2) liability for breaching of obligations or duties coming from
Section 3. Liability arising in contract
. This section is when one party who is dealing on the other parties written standard terms of business. The party cannot reference to any contract term when they themselves are in breach of the contract or when they claimed to be entitled to render contractual performance which is very different from what was expected of him or if there was no performance at all.
Section 2. Negligence liability
this section you cannot reference to any contract term as well as in the case of other loss or damage a person cannot restrict or exclude their liability. This section does not apply to a term in a consumer contract or a notice to the extent that it is consumer notice
Section 6. Exemption of implied terms
in contracts of sale and hire purchase Within a contract the sales of goods and HP implied terms to title cannot be excluded or restricted by a contract term
Section 4. Unreasonable indemnity clauses
indemnity clauses in contracts are where one of the parties deals as a consumer are unenforceable unless they are reasonable.
A manufacturer or distributor cannot exclude or restrict his liability in negligence arising in loss from defects in goods supplied for private use or consumption with a guarantee
Section 7. Exemption of implied terms in other contracts
for the supply of goods. exclusion clauses in contracts of hire are down to reasonableness test
http/www.bbc.co.uk/u/uk Case Study
Section 8. misrepresentation
is any clause that excludes or restricts liability for misrepresentation is ineffective unless it satisfies of reasonableness.
Section 9. effective breach
is a contract term that has to satisfy the requirements of reasonableness.
Section 10. Evasion by means of secondary contract.
A person is not binded to any terms which take away his rights or prejudicing him which arise under or in connection with the performance of another contract
Thornton v Shoe Lane Parking 
The claimant was injured in a car park partially due to his own negligence, but was given a ticket upon entering the car park after placing money in the machine. The ticket stated that the contract of parking is subject to conditions which were displayed inside the car park. One of the terms excluded liability through personal negligence .
The machine itself constituted the offer. The acceptance was by putting the money into the machine. The ticket was dispensed after the acceptance took place and the clause was not incorporated into the contract.
The Sales of Goods Act 1979
The act applies to contracts with the sale of goods act made on or after (not before) the 1st January 1894.
Contracts made on certain dates can be modified in indication to the section concerned.
The goods which form the subject of a contract of sale owned or possessed by the seller, or goods to be manufactured or acquired after the making of the contract of sale, in this Act called future goods.
Capacity to buy and sell
The effects of a contracts goods must be ascertained
There must be intention in a ascertained contract
The reservation of the rights of disposal is when the contract for a property of goods do not pass the buyer
The rights of an unpaid seller against the goods means the goods which are not paid or are not tendered. When a bill of exchange has been received as a conditional payment and the condition is not received or fulfilled for the reason being of dishonour of the instrument or otherwise
A contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void.
Liability would arise the a contract under the sale of goods by the implication of law. It may be varied by the express agreement or by the course of dealing between parties or by the usage of the parties in thew contract. The act requires the collection of goods which are similar or the same and needs to be contained in the same area or space. Any goods which are in a bulk are interchangeable with any other goods as long as there in the same quantity.
Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
The right not to return goods. The consumer must be aware that when they buy there products they must be aware that they can not return there products when purchasing
The price is not determined. The buyer must pay a reasonable price.
Stipulations as to time of payment are not of the essence of a contract of sale. Stipulation as to time is or is not of the essence of the contract depends on the terms of the contract.
The Trade Description Act 1968
Section 1: If someone who is involved within business or trade provides a false trades description to their goods that they are selling, will be guilty of an offence.
Section 10: This section says that the Trade Description Act 1968 is not restricted to products in the United Kingdom, it applies to everything in the world.
Section 2: This section states that in relation to animals it has to include the sex, the breed or crossbreed and the fertility and soundness of the animal(s) . In addition to this the section also states that in relation to any seman has to include the identity and characteristics of the animal from which it was taken and measure of dilution.
Section 3: This section includes the meaning of quantity. Quantity involves length, width, height, area, volume, capacity, weight and number. Without these or one of these it does not add up to the whole quantity.
Section 4: This section explains that the list below are not trade description acts:
Plant Varieties and Seeds Act 1964
Agriculture and Horticulture Act 1964
Seeds Act (Northern Ireland) 1965
Horticulture Act (Northern Ireland) 1966
The Consumer Protection Act 1987
The Plant Varieties Act 1997
Section 5: This section further explains on what are not trade description acts.
Section 6:A person who exposes goods for supply or has goods in there possession to supply is seen to be offering to supply them .
Section 7: This section means that the board of trade can decide on the meaning of certain common words within trade description.
Section 8: This section further describes section 7 but on the labels of products which are sold to consumers. They need to have the correct information on otherwise they will be guilty of an offence.
Section 9: This section goes on further from section 7 and 8 about how advertisements need to refer to the product that is being sold otherwise they will be guilty of an offence.
The Supply of Goods and Services Act 1982
Contracts for the transfer of property in goods. The purpose of this section is so people understand when a contract is accepted This could mean any of the following sale of goods act, hire purchase agreements, an agreement to transfer a deed for which there is no consideration other than the presumed consideration imported by the deed.
Section 10 implied terms where hire is by sample this is when a product is getting purchased in bulk it means that the bulk must be the same quality as the sample and that the purchaser will have a fair opportunity to compare the bulk and the sample.
Section 2 . implied term about title and warranty this is where the contract has to make sure that the title and warranty terms within the contract are implied.
To imply the terms where transfer is by description.
This section is about implying terms with fitness and quality. There are no contracts or warranties on fitness and quality . This act makes sure businesses get there quality products with the conditions they have made.
This section implies terms by sample and to transfer the property in goods by a sample product first where the company would express the terms that effect the contract with concern.
Rowland v Divall 1923
The Claimant, a car dealer bought a car off the defendant for £333 . He painted the car and then sold it for £400, but it was later stopped and impounded by the police on the grounds that it was stolen and returned to the original owner. Both the claimant and the defendant were unaware that it was stolen , the claimant returned the £400 and brought a claim against the defendant under the sales of goods act.
It held that the defendant did not have any rights to sell the goods and still remained with the original owner and was not entitled to compensation on the work done to the car .
In this section the implied terms are right to transfer possessions. The proceeding provisions of this section does not affect the right of the bailor to the repossession of goods under an express or term of that contract.
The consumer protection (Distance Selling) Regulations 2000
Section 1: This section states that The Consumer Protection (Distance Selling) Regulations 2000 will come into force on the 31st October 2000.
Section 2: The Mail Order Transactions (information) Order 1976 is hereby revoked.
Section 3: This section states all of the terms which are used it interprets each one and specifies the meaning
Section 4: This section states that these regulations apply to distance contracts other than excepted contracts
Section 5:This section states the contracts which are excepted.
The Electronic commerce Regulations 2002
A person or public body intended by the originator to receive the electronic communication, receiving or storing of the electronic communication or the provision of other services in relation to it.
These regulations may be referred to as the electronic commerce (EC Directive) Regulations 2002 and except for regulation 16 they will come into force on the 21st August 2002.
This section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving full effect to this Act.
The order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it.
GO STUART :)
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