Sale and Supply of Goods - Coursework Example

Sale and Supply of Goods Introduction Sale of goods is a contract that involves at least two parties; that is a buyer and a seller. For a contract of sale of goods to exists, there must be a product to be sold and a price assigned to it. 1There are certain rules and regulations that must be followed for the sale and supply of goods to be legally bound. Actually, both the consumers and sellers must adhere to the established laws regarding the sale and supply of goods.2 Some guiding principles regarding the sale and supply of goods are contained in the Consumer Rights Act. The aim of the Act is to protect the interest of the consumer and to ensure that sellers follow the established code of conduct in transacting the selling business.3 The consumer has the right to sue the sellers on grounds of violation of the provisions of the Consumer Rights Act. The entire paper focus on evaluating the consumer protection techniques and their effectiveness. Right to reject goods The Consumer Rights Act provides for a 30 days period for the consumer to reject goods. The consumer can return goods to the sellers if he/she identifies that the goods have some issues that were not discussed at the time of sale. However, the right to reject goods as provided for in the Consumers Right Act is limited to 30 days.4 Within this period, the consumer is expected to assess the usability of the goods purchased, the quality of the product and many other factors. In case a consumer identifies any issues with the goods within the standard rejection period set by law, the seller is obliged to accept the goods and compensate the consumer in case of any loss suffered. During the time of sale, all the relevant information relating to the good in question must be presented. The seller must answer all the questions presented by the consumer diligently and truthfully since wrong information given by the seller can be used against him or her in a court of law. 5 However, the consumer cannot sue the seller for buying a good for the wrong purpose if he/she had not inquired such information from the sellers. In this regard, both the seller and the consumer must participate in ensuring that all the useful information about a good is brought to light. The sellers have to respect both the implied and express conditions and warranties. 6The consumers should also make efforts of understanding the terms and conditions of sale before making the decision to buy. The buyer is supposed to buy goods on free will without coercion by the seller. Consequently, the seller should sell the goods on free will without the buyers’ coercion. It is essential to note that force should never be applied to make a sale successive. Any kind of force compelling the parties to the sale contract to transact is illegal and punishable by law. 7In addition, it is imperative to identify that the Consumer Rights Act does not cover consumer’s interest in the purchase of illegal goods. For the Consumer Rights Act to apply, all the legal provisions of the Sale of Goods Act must be followed effectively. The Consumer Rights Act provides that the short-term period for rejecting goods can be altered if the consumer infringes the rights of the seller. For instance, if the consumer’s actions contribute to the damaging of the sold good, the consumer can neither reject the goods nor be compensated. In addition, in an event where the consumer bypasses the terms and conditions of sale, the Act my not shield him/her from suffering the loss. In such a case, the seller is exempted from accepting the goods rejected by the consumer and may sue the consumer for the breach of contract. In this case, the consumer must ensure that he/she does not temper with the goods with the standard short-term rejection period. The rejection period is not fixed always and therefore it is flexible at times. The nature of the goods or the terms of sales may require the standard rejection period to be extended for more than thirty days. For instance, a seller may allow the buyer a grace period of six months to test the workability of the good sold. In this case, the consumer/buyer has the right to reject the product ever after the 30 days period has elapsed. The Consumer Rights Act ensures that consumers are provided with quality goods.8 In goods that are sold in terms of weight, the Consumer Rights Act provides that the indicated weight must match the actual weight of the goods. The Acts further provides that health and safety measures must be maintained by sellers to avoid harming the consumer. Essentially, the Acts requires government agencies to conduct regular checkups on goods sold by different sellers to ensure that the set standards are always met. Any sellers found conducting business in a manner that might endanger the life of the consumer can be prosecuted in a court of law for violating the provisions of the Consumer Rights Act.9 Sellers should not concentrate on profit maximization and forget about the consumers’ welfare. In essence, before entering into a sale of goods contact, sellers must consider the implication the contract has on the consumer’s welfare. Benefits of the 30 day period The provision that the consumer has the right to reject a good after thirty days of making actual purchase fits perfectly well with the need to protect the consumer’s interest. The consumer may not have perfect knowledge of the good or goods he /she has purchased within one day. For instance, the goods sold might have stolen are acquired through illicit means. The time allowed for rejection ensures that the consumer is shielded from losses that might arise due to illegal possession of the good/goods by the seller. Basically, not all sellers deal with genuine goods and therefore a grace period is necessary to understand the type of seller that one is dealing with. Some sellers may offer very favorable terms of sale simply because they are not the rightful owners of the goods they seller. In this regard, consumers must always be very cautious when choosing the seller to buy from. The 30 days period for goods rejection is very important to the consumer. Once goods have been bought, they must be evaluated to assess their valid.10 In this regard, the period allows the consumer investigate whether the information given by the seller regarding the product was true or false. In addition, the period aids the consumer to identify any defects that the good might have that were not highlighted during the time of sale. In essence, the consumer needs to ascertain the truthfulness of the seller comments regarding the good during the time of sale. The Consumer Rights Bill outlines consumer interests that must be respected in the contact of sale of goods and supply. 11Essentially, the bill outlines the framework of consumer rights ranging from contacts for goods and service, law guarding unfair terms of contract and regulations relating to digital content. The bill also gives guidelines on how to handle matters relating to breach of consumer law12. In this regard, the bill gives a limelight to civil courts on the appropriate course of action to take on matters relating to the breach of consumer law. Basically, it can be seen that the law guarding consumers when entering into contracts has developed over time. Civil bodies have worked tirelessly in ensuring that consumer rights are protected in every way possible.13 The law relating to consumer protections are amended from time to time to match the changing nature of consumer environment. Consumers cannot be able to protect themselves in the absence of law. The government is the custodian of consumers’ welfare.14 For this reason, policymakers must always focus on developing policies that suit consumer needs and welfare. Consumers play a substantial part in developing the economy. In this regard, the government should never, at any one point, withdraw its commitment towards developing a consumer friendly economy. Sellers will always focus on profit maximization and expansion of their business. If left to operate in a lawless environment, sellers can never mind the welfare of consumer provided they achieve their targeted profits. 15Therefore, the government must always be in the fore front in the fight against consumer oppression. Conclusion Sale and supply of goods can never be effective without government regulation. The government has established various mechanisms to enhance consumer protection and smooth business operation. Several laws have been established to ensure that the consumers are shielded from sellers’ oppression. The Consumer Rights Act was enacted to ensure that the basic interest of the consumer remains intact in the contract of sale for goods. Any malpractices by the seller are punishable by law and, therefore, consumer rights are not infringed. The governments of all nations across the world should ensure that consumer rights are given the first priority in a contract of sale. Bibliography Abbott, K., Pendlebury, N., and Wardman, K. Business law (London: Thomson, 2007). Adamson, J. E. Law for business and personal use. (Mason, OH: South-Western Cengage Learning, 2012). Anna, G. Human rights, property and the search for ‘worlds other’. 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