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Consumer law - Essay Example

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Consumer Remedies for Poor Quality Goods Customer Inserts His/her Name Customer Inserts Grade Course Customer Inserts Outline 1.0 Introduction 2.0 Right to Reject Goods 3.0 Right to Repair of Replacement 4.0 Right to Rescission and Reduction in Price 5.0 Damages Consumer Remedies for Poor Quality Goods Introduction One of the major statutory rights of a consumer is that the items purchased are expected to be of reasonably good quality…
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Consumer law
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Download file to see previous pages The White Paper policy was formulated to minimise differences in manners of purchase.1 These remedies are discussed below. Right to Reject the Goods When a consumer discovers that the goods hired or purchased from a retailer do not match the description given, or are unfit for purpose intended for, or are not of merchantable quality, they are entitled to reject them and thus terminate the contract. With the contract terminated, they will not be under an obligation to pay for the goods as previously provided by the contract. This right will not be available where the purchase or hiring is within the course of business and the defect is so insignificant that rejecting the goods would be unreasonable. This remedy is available if the defect is noticed within six years from the time of purchase2 and it is shown that the fault has not been caused by ordinary wear or tear or through misuse by the purchaser. Within the first six months, it is for the retailer to prove that the goods in question were not inherently defective. After the six months the burden shifts to the consumer to prove that the goods were defective when they were sold. ...
Acceptance is deemed to have taken place when the consumer expressly states that they have accepted the good, when they alter the goods or when they continue to keep the goods for a reasonable duration of time3. Courts’ decisions on what amounts to a reasonable period of time provide varied answers. In the case of Bernstein V Pamson Motors (Golders Green) Ltd4, where the consumer was held to have accepted the car by keeping it for less than four weeks after purchasing it. In contrast, in Bowes V Richardson & Son Ltd5, it was held that the consumer had the right to reject the car even after keeping it for seven months after purchase. The consumer will lose his right to complain of the faultiness of the goods if he purchased the goods more than 6 years ago. They will also not be entitled to complain where they knew the goods to have been defective at the time of sale after it was pointed out to them. Even where the defect was not pointed out to them but the consumer had them examined by an independent party and the defect was manifestly visible or should have been discovered from a proper examination of the goods, he will still have no legitimate right to complain about the defect. Also, they will not be entitled to complain if at the time of sale the retailer came out clean and confessed that they were unsure of the suitability of the goods for purpose. When a consumer purchases second hand goods, he still has the right to a product that is fully useable and undamaged and can return the goods if they are found not to be useable. When the consumer knowingly purchases a defective item, even though they cannot return the item on the basis of that particular defect, they can still return the item if ...Download file to see next pagesRead More
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