Negligence under the Consumer Protection Act 1987 and Breach of Contract under the Sale of Goods Act 1979 - Case Study Example

Law for Business Table of Contents I – Claims brought forward in connection with the events at the home of Mrs. Sharma Negligence under Consumer Protection Act 1987 Unsafe Product Who has the legal liability? What are the statutory rights of the consumers? Breach of Contract under Sale of Goods Act 1979 II – Claim which might be brought by Amanda in connection with her unsuccessful interview with Toys4You. Gender Discrimination Racial Discrimination Disability Discrimination Introduction: Business law is an important aspect of orderly and successful business and workplace environment. These laws govern how business establishments should behave and act in a way that is both beneficial to the interest of the company and clients. Employment laws are there to govern employers and employees; and to protect the rights of both from acts of all kinds of discrimination. I – Claims brought forward in connection with the events at the home of Mrs. Sharma With regards to what legal claims Mrs. Sharma might have in the given scenario in brief 2; Mrs. Sharma has legal rights to claim for compensation due to loss and damage made to the property and the injury to the scalp of her son Pritam. The legal implications are the following: Negligence under Consumer Protection Act 1987. On March 3, 2010 eight Polaris toy missiles arrived at toys4u from the supplier instead of the 10 because it was claimed that the two other were damaged during handling by the fork lift, and the other one was clearly badly broken due to transporting. The redundancy of broken toys from one delivery should have alarmed Toys4u that the whole stock might be defective; however instead of being careful and cautious the retailer went on disposing the product. Toys4U has been negligent to put first the safety of their clients. Mrs. Sharma can make her legal claims against the toy retailer for negligence. However, in the absence of proof that there has been neglect, Mrs. Sharma just the same can make a claim for the injury her son Pritam has suffered. Mrs. Sharma can also make a claim for a damage property under the same Act. These can be done even without proving the negligence of the producer as long as they can prove that the injury and the damage are direct result of using the product (Product Liability, Defective Products, Unsafe Products Quick Facts 2007). Unsafe product The Polaris missile that was sold to Mrs. Sharma was clearly defective and therefore can be categorized as ‘unsafe product’. An unsafe product means in general something that the consumer does not expect from what she or he bought. When a consumer buy a product there is a general assumption that the product is safe for use. In the event that accidents like that of what took place at the house of Mrs. Sharma, there is provision in the law. Consumer Protection Act 1987 made a strict and clear liability concerning damage that is a result of a defective product. Damage means death, or injury; or loss or damage to a property including land (Derbyshire County Council Trading Standard Service 2010, p.1). The Act entitled Mrs. Sharma to a legal claim for the injury suffered by her son and for the glass ceiling lamp that has been broken. The Act gave any consumer the right to claim for compensation so long that the injury or damage is within the bracket of £275or more. Who has the legal liability to Mrs. Sharma’s loss and her Son Pritam’s head injury? A defective product claim arises at the event that the manufactured products have been found with faults that caused injury or loss to the consumer. All manufactured products or goods are at risk to fall into the category of faulty item if the consumer who bought the product suffered any injury or lost due to the product malfunction while using it in a normal way (Accident Lawyer UK 2010). According to Leigh Day and Co Solicitors, the producer/manufacturer is the one with the biggest responsibility and therefore liable for any damage caused by the said faulty product. If the product is manufactured outside EU, the person or group who imported the product will be liable (Leigh Day and Co Solicitors 2010). Toys4U as the retailer is partly liable for breaching the duty to take care of the consumer; on the other hand Megastores plc at Cornwell is the one who has the main liability being the importer of the product from China (Consumer Protection Act 1987 Part 1, p. 1). The CPA 1987 provision makes the European Product Liability Directive (85/347/EEC) to take effect (Derbyshire County Council Trading Standard Service 2010). Mrs. Sharma can sue and make Toys4U and supplier Megastore legally liable for the loss suffered. It is possible also that Mrs. Sharma can make a mixed claim of breach of contract and negligence; however no one is entitled for double compensation and courts should take this into consideration when deciding for the whole amount of compensation payable (Derbyshire County Council Trading Standard Service 2010, p.4). What are the statutory rights of the consumers? Under Sale of Goods Act 1979 (amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002), the consumer has the statutory right for a product that is of satisfactory quality (completely free from any kinds of defect, good appearance sturdy and safe to use). This means that the product the consumer takes should be without any form of defect including minor ones. The product should have the quality that is reasonably equal to the price the consumer has paid. It is also important to note if there is any particular feature in the advertisement or promotion of the product that is absent on the product paid; fit for purpose (it should be fit to be used for the described usage). It also means that the product when it says to be used for a specific task would truly be able to perform accordingly and lastly as described and not anything that is different from what is described (Trading Standards 2010). These statutory rights have been violated resulting to the injury of the son of Mrs. Sharma and the loss due to damaged property. Breach of contract under Sale of Goods Act 1979. It is only natural for the consumer to expect the product she bought for her son (Polaris Missile) is of good quality, just to reiterate, this is her legal right. This includes the expectation that the product she bought for her son as her birthday present to him is fit to be used according to its purpose, in this case – the toy Polaris missile is assumed to be safe to play with. With good quality appearance and free of damage by the time of the purchase, and it is safe to use in accordance to what it is supposed to do. In this case there is an apparent breach of contract. Under this law, if there has been any violation a consumer is entitled for: Asking the money back The consumer has the option not to accept the replacement; and if he or she does , a consumer can still ask for a written agreement that if the replacement is faulty and not functioning as it should be, he or she can still ask for money back It is the consumers prerogative not to accept a credit note If the consumer agrees for a repair and it happens that after the repair the item is still faulty and not satisfactory, it should not and cannot deter the consumer for asking the money back (Money Matters to me 2010). II – Claim which might be brought by Amanda in connection with her unsuccessful interview with Toys4You. Having been said that Amanda does not have the right attributes, thus she failed to be hired as sale assistant in Toys4U store could mean a lot legally. What could be “the right attributes mean”? She does not have the right attribute may mean she is not fit to work at Toys4U because she is a woman or having disability or maybe something else. Whatever the reason maybe, one thing is certain, and it is apparent in word usage “does not have the right attributes”, there is a clear discrimination. There might be here: Gender discrimination The law on gender discrimination in UK can be found in Sex Discrimination Act 1975 (SDA) – amended by SDA 1986. SDA 1986 following Directive 76/207/EEC, both sexes are entitled to equal access to employment, included hereinto is the equal rights for promotion, training and working condition. Unlawful acts in employment include: Direct discrimination – If which a woman is being considered less in terms of capability to work because “she’s a woman” (Directgov 2010). Indirect discrimination - indirect discrimination happens when there is attached criterion that limits the possibility of one gender group to be hired or being employed. In this case the claimant should make it visible that the criterion has a disadvantageous effect on her because it is impossible for her to comply. A potential employer must not in any way indirectly discriminate anyone because of gender and because of being married or being not married (Directgov 2010). Racial discrimination It is unlawful for an employer to discriminate anyone because of race, Race Relation Act 1976. A potential employer might be facing a legal liability if found guilty of racial discrimination at employment place. One is guilty of an act of racial discrimination if he or she is treating any person less favorably because the other person is of different color, of nationality and of different ethnic or national origin (Directgov 2010). In any case the purpose or motive is irrelevant so long as the person feels that she or he is being treated with less favor due to color of her/his skin or race. This includes discrimination against all kinds of race, ethnic backgrounds and religious views. The existing law against racial discrimination at workplace includes every aspect of employment. It includes the area of training, hiring, terms and conditions, benefits, transfer opportunities, pay, redundancy and dismissal. Various kinds of discrimination: Direct discrimination - intentional discrimination (e.g. where a specific job is only made available to people of a particular racial group). Indirect discrimination - working practices, provisions or criteria that make it difficult for members of any group (e.g. introducing a dress code without good reason, which might make it difficult to some ethnic groups to comply) Harassment – being involved, encouraging other to act in a way that is offensive or has detrimental effect to other people group, making the atmosphere not welcoming to other people of different race or color (e.g. making racist jokes at work) victimization – to treat someone with less favor because he or she has participated in an act that highlighted someone’s racism (e.g. taking disciplinary action against someone for complaining about discrimination against themselves or another person) These are all acts of racial discrimination and all are unlawful (Directgov 2010). Disability discrimination The UK law against disability discrimination can be found in the Disability Discrimination Act, 1995. By s.1 (1) Subject to the provisions of Sched.1, a person has a disability for the purpose of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day to day activities According to Directgov, disabled workers share the same employment rights as the other workers. Although under DDA Act there are some special provisions for them like the right to have right facilities in the employment area. Under the DDA, it is illegal for employers to single out a person for a reason related to his or her disability, in all aspects of employment, if it cannot be justified (Directgov 2010). DDA has made it possible for people with disability to have an equal footing with people without disability in any workplace. It is therefore unlawful to discriminate someone on the grounds of his or her disability, so long as she or he has the needed skill to do the work, she/he be given the opportunity to work. In all aspects that has been discussed; from gender discrimination, racial discrimination, and disability discrimination Amanda might make a legal claim if she truly feels violated in any aspect. Bibliography Archive Content Product Liability, Defective Products, Unsafe Products Quick Facts 2007 Viewed March 18, 2010) at http://webarchive.nationalarchives.gov.uk/20070905121325/http://www.berr.gov.uk/consumers/fact-sheets/page38253.html Accident Lawyer UK. Product Liability and Defective Products 2010. Viewed March 18, 2010 at http://www.mugomilk.co.uk/product.htm Consumer Protection Act 1987 Part 1. PDF p.1. Viewed March 18, 2010 at http://www.lawteacher.net/PDF/CPA%201987%201.pdf Derbyshire County Council Trading Standard Service Unsafe goods – liability for damage or injury (2010) pdf.p.1. Viewed March 18, 2010 at www.derbyshire.gov.uk/tradingstandards Derbyshire County Council Trading Standard Service Unsafe goods – liability for damage or injury (2010) pdf.p.4. Viewed March 18, 2010 at www.derbyshire.gov.uk/tradingstandards Direcgov Sex discrimination and equal pay (2010). Viewed March 18, 2010 at http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationatWork/DG_10026665 Direcgov Racial Discrimination (2010). Viewed March 18, 2010 at http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAtWork/DG_10026667 Directgov Employment rights and the Disability Discrimination Act (2010). Viewed March 18, 2010 at http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071 Equality and Human Rights Commission Employment (2010). Viewed March 18, 2010 at http://www.equalityhumanrights.com/your-rights/race/in-what-settings-does-racial-discrimination-occur/employment/ Leigh Day and Co Solicitors FAQs – Product Liability (2010), Viewed March 18,2010) at http://www.leighday.co.uk/our-expertise/defective-products/product-liability-faqs Money Matters To Me Buying Goods – Sale of Goods Act (2010), Viewed March 18, 2010 at http://www.moneymatterstome.co.uk/default.htm Warwickshire County Council Trading Standards Know Your Consumer Rights (2010) Viewed March 18, 2010 at http://www.warwickshire.gov.uk/Web/corporate/pages.nsf/Links/14C2D70D1C9EED5880256B5F00326064 Other Internet Readings: Adviceguide Consumer affairs – In England (2010). Viewed March 18, 2010 at http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm#dangerous_goods Target Winters Information Factsheets - CONSUMER PROTECTION AND THE LAW (2010). Viewed March 18, 2010 at http://www.winters.co.uk/factsheets/consumer_protection.html Read More