Civil Law Rights - Case Study Example

Running Head: Civil Law Rights Civil Law Rights After reading the case I would advise Amanda, Rajeev and Rosalie that they individually are entitle to different civil law rights. I will advice them about their entitlement accordingly to their case. As in Amanda case, she requests a pair of jeans after receiving a catalogue on the 5th December 2005 and as her cheque gets delayed in the post and arrives on the 12th December. Pavarotti sends a letter to Amanda regretting that they cannot supply the jeans at the advertised price because a revised price list had been introduced on the 8th December and the jeans were now priced at 300. There are 2 factors with this case. First, in catalogue there was no date mentioned that this discount is for certain time period. Secondly, as they send catalogue on 5th December and they sell a range of both men's and women's clothing by mail order catalogue. Whereas the advertised price revised on the 8th December, it means the catalogue they send was valid for just 3 days. It would not wrong if we claim that Pavarotti Fashion LTD are misleading the consumer. Generally, while you buy goods, the law provides you certain rights as a consumer. You are entitled to expect that a service will be: carried out with rational care and skill if date is not mentioned then it is considered that in 7 working days consumer be liable to make payments for specific advertisement and finished the transaction by the date you have agreed with the person providing the service, or within a logical time if you haven't fixed a specific date given at the cost you have agreed earlier This case entitle to 'Consumer Sale law' that center on the legal and self regulatory controls on the advertising of consumer goods and services - the law of consumer advertising that is the major provisions of the Trade Descriptions Act 1968. It also entitles to 'Control of Misleading Advertising Regulations 1988', Part III Consumer Protection Act 1987. Liability of sellers and manufacturers if the products sold are not satisfactory or are unsafe - the implied terms in the Sale of Goods Act 1979 (as amended) and related legislation, the manufacturers liability for defective products - Part I Consumer Protection Act 1987 and the general duty to supply safe products under both domestic and EC law with particular emphasis on the toy industry. Legal liability in respect of consumer services with particular emphasis on the travel industry. The Consumer and the Internet - the course will examine the regulation of e-commerce in relation to business to consumer advertising and sale of goods and services on the Internet. http://www.law.cf.ac.uk/course/ug/modules.html According to these laws, all buyers are entitled to remedies under the legislation although consumers are entitled to a better range of remedies. Consumers are defined as people who are buying for rationales not linked to their trade, business or profession. A consumer's rights concerning the sale and supply of goods cannot be reduced in any means by a term in the agreement. Limitations might be probable in business- to-business contracts but any restriction is matter to the necessities of the Unfair Contract Terms Act 1977. Throughout the United Kingdom, nevertheless, a trader and a customer can concur that these rights do not be valid to a particular transaction for the condition of a service or must only be appropriate to a limited extent. Any such exclusion or restraint will however be issue to the provision of the Unfair Contract Terms Act 1977. Now we will discuss Rajeev's case. He requests a black leather jacket and accompanies his form with a cheque for 700 in payment of the price. As he received his jacket, he discovered from a label inside the jacket was made in Vietnam. Whereas, Pavarotti Fashions Ltd mail order catalogue in which it was mentioned that all Exclusive items of the highest quality using only natural fabrics hand-made in the European community. This is the pure case of consumer misleading that completely entitles to 'Control of Misleading Advertising Regulations 1988'. Which I discussed in Amanda's case. Misleading Advertisements Regulations 1988 is to control policies that are intended at protecting consumers as well as traders from the effects of misleading advertisements. They confer the Office of Fair Trading (OFT) the power to take action against misleading advertisements where, for instance, there is no accessible channel for dealing with the complaint or where it heaves serious issues. The OFT can seek a High Court restriction averting further publication of the offending advertisement or a provisional injunction until the case can be completely argued in court. Basically, while judging whether or not advertising is misleading, explanation shall be given to the correctness, fullness and the following presentation criterion thereof: 1) Claims presented in advertising are fake if the provider of advertising can not validate accuracy of the declaration during the time of use. A decision concerning whether there are there adequate documents validating accuracy of claims present in the advertising, shall be based upon the contemplation of an individual case. The proof and commendations by persons, whose capability is not connected with the content of the information being proposed, shall not be renowned as data validating the accurateness of claims being presented; 2) The information supplied in the advertising is curtailed, if a certain part has been omitted, the supplying whereof, is captivating into account other information offered in this advertising, is definitely needed in order to evade misleading of the consumers of advertising. 3) Method or form of supplying advertising is such that, the consumer of advertising might perceive a comprehensible erroneous (misleading) advertising claim. While judging whether advertising is misleading, one should pay particular consideration to the information restricted therein regarding: The provider of the advertising or another person, action, firm's name, mark of goods or service, authors' rights and associated rights, patents and licenses; The goods or services, place and origin of their production, time of manufacture, method of manufacture, rationale, size, content, energy value, consumption appropriateness, testing time, location, type and assessments, way of consumption (use), whether it convenes the recognized standard, certification, official goods credit and prizes at fairs and exhibits; Conditions of attainment and consumption (use) of goods and services that is, the cost or the way of calculation thereof, terms of payment, guarantees, term of delivery, exchange, repair, service and reimbursement. 4) while judging whether the advertising is disingenuous, it is considered, that advertising consumers shall form an opinion concerning the precision of the claims presented in the advertising, fullness of the advertising, method or form of presenting the advertising and shall take on such decision, which might be expected from an standard advertising consumer. Besides 'Control of Misleading Advertising Regulations 1988' law 'The Textile and Wool Acts' is also entail in this case that necessitate seller to show country of origin information in catalogs as well as other mail order advertising and in Internet ads that sell textile and wool products. The explanation of each advertised item should include a statement that it was made in the U.K., imported or both. A common statement in your ads that all products are whichever made in the U.K. or imported is not sufficient. In Rosalie's case as she received her mink coat. When she put it on the stitching connecting one of the sleeves to the body of the coat unraveled and the sleeve dropped of. This case entitles statutory rights. That gives rights to buyers to complain about goods they normally say that they are faulty. What this means, in officially permitted terms, is that the goods do not be traditional to contract, though this is not the language that is typically used in this situation. Goods would not kowtow to contract (would be faulty) if they futile to work right away from the time of sale. Certainly, goods might not be conventional to bond if they failed to work afterward, even after a numeral of years, due to an intrinsic fault that is one that could be thought to subsist at the time of sale. Goods as well do not be traditional to indenture if they do not conform with any description given by the retailer proceeding to sale. Basically, while you buy goods the law provides you rights as a consumer. Goods should: Be of reasonable quality; Be fit for the rationale they are sold; furthermore Match the description given. In case of defected good, Rosalie should send back the coat straightaway to Pavarotti Fashion LTD and tell them that she is rejecting the goods. She do not have to agree to offers of free repairs, alternate goods or a credit note, She can persist on getting money back. But Rosalie buyers cannot expect a legal remedy given that Fair wear and tear; Misuse or inadvertent damage; or If they decide they no longer desire the item. Likewise, buyers cannot anticipate a legal remedy where goods have faults that they knew about before the sale or that must have been apparent on reasonable assessment. Remedies If a product that was faulty at the time of sale is returned to the retailer, the buyer is lawfully entitled to: A complete refund, if this is within a proper time of the sale; or A reasonable amount of reimbursement for up to six years from the date of sale. This does not signify all goods have to preceding six years. It is the perimeter for making a claim in reverence of a fault that was present at the time of sale. It is not corresponding to a guarantee. Further rights for customers Instead, consumers can choose to ask for instead: A repair or replacement. The retailer can refuse either of these if he can illustrate that they are excessively expensive in contrast with the alternative. Though, any remedy should also be accomplished devoid of major inconvenience to the consumer. If neither repair nor substitution is practically possible, consumers can ask for instead: A part or complete refund, depending on what is rational in the circumstances. It might be the case that a full refund is not the rational option as the consumer will have enjoyed several benefits from the goods prior to the problem come out. This desire to be taken into account prior to an evenhanded partial refund can be assessed. Recommendation Proof of purchase Constantly keep your receipt as proof of where and when you bought the goods and how much they price. If you return faulty goods, the trader has the right to inquire you to confirm you bought the goods from them. This does not have to be a receipt. It can be items such as a carrier bag, price label or credit card statement. You do not have a permissible right to a refund just as you have changed your mind or an item doesn't fit, but several traders might agree to offer a refund in these conditions if you have a receipt and the goods have not been utilized or dented. Court action Court action is an absolute option to think if all else fails. The Small Claims Court is a contemptible, rapid and casual way of settling disputes. Amanda, Rajeev and Rosalie can use the Small Claims Court to assert reimbursement of up to 2000 for faulty goods and poor service. It is intended to be gracious and less terrifying for people who are not used to appearing in court. You will need to fill in a short form, pay a fee that amount depends on the size of the claim and emerge for a short period at a casual court hearing. Your fees will usually be covered if you win, however if you lose the case you will typically have to pay your own costs. Although even if you win, you might still require taking added court action if the trader declines to pay up. Reference: http://www.law.cf.ac.uk/course/ug/modules.html Advertising Standards Authority http://www.asa.org.uk/ The British Code of Advertising, Sales Promotion & Direct Marketing (the CAP code) http://www.asa.org.uk/the_codes/ Read More