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Consumer Protection Law in the UK - Research Paper Example

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The paper "Consumer Protection Law in the UK" highlights that if a purchase is made on a professional level the laws applied are somewhat different.  In the case of the Super Slammer given the same circumstances where there was a warranty breach of contract…
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Download file to see previous pages An exception to the clause is when the retailer can show: for good reasons he was not aware of the advertisement; the statement had been corrected prior to the conclusion of the sale; or the statement could not have had an influence on the consumer.4 OSL, in this case, was bound by the contract of sale which included the warranty advertisement unless OSL, in this case, Patrick the manager, could show he had no knowledge of the advertisement.5
In SOGA 1979 14(2) as to quality the court found in Rogers v Parish ( Scarborough) Ltd [1987] QB 933 found that goods must be fit for the purposes for which supplied and failure to do so leaves them unmerchantable.6 In Jim’s case, he purchased the racquet at £250, a considerable amount for a tennis racquet. Further, because the severe surface damage to the finish of the racquet and the fact its handle came off all within the first few weeks of normal use, the racquet as well was unmerchantable.
In Stevenson v Rogers [1999] 1 All ER 613 the Court of Appeal had to consider the meaning of in the course of a business in the context of the Sale of Goods Act 1979, s14(2), “where it limits the statutory implication of a term as to the quality of the goods to sales where sellers are acting in the course of business. The court rejected the meaning given to that phrase in the context of the Trade Descriptions Act 1968 and the Unfair Contract Terms Act 1977 and took a broader approach.7 It will be contended that the broader meaning would also be more appropriate than that currently adopted in relation to the definition of deals as a consumer under the Unfair Contract Terms Act 1977.” Further, the guarantee, from the manufacturer, which came with the racquet stated that “We, Slammer Racquets plc, undertake that if within twelve months of the date of the purchase, this racquet proves defective by reason only of faulty workmanship or materials, we will, at our option, repair or replace the same FREE OF ANY CHARGE for labour, materials or carriage on condition that the racquet has not been subjected to abnormal use. ...Download file to see next pagesRead More
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