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Consumer Law - Essay Example

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Ans 1: Alf may bring an action for breach of contract against D-I-Y under the provisions of Section 4(2) of the Supply of Goods and Services Act of 1982, seeking compensation for the injuries that have been caused to him and to his house by using the defective product…
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Consumer Law
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Download file to see previous pages Since D-I-Y is in the business of selling home improvement products, there is an implied condition that the varnish supplied is of satisfactory quality, especially since it is an in-house product.
Was the varnish of satisfactory quality? There are two factors that would appear to indicate that it was not. Firstly, goods are deemed to be satisfactory if “they meet the standard that a reasonable person would regard as satisfactory….taking into account all other relevant circumstances.”2
In the case of “Décor Shine” the instructions on the tins indicate that the product is suitable for use on all types of wood. But this is not the case – the product is not suitable for use on very old wood since it causes shrinkage. Therefore the description that has been used for the product is false and akin to misrepresentation3 and cannot be said to be the kind of goods that Alf intended to buy. In the case of Reardon Smith v Hansen Tangen4, Lord Diplock clearly highlighted grounds that could exist for breach of contract through lack of identification of the goods being purchased:
Alf intends to buy varnish for treating old wood, Décor Shine is not suitable for use on old wood, yet the label implies that it is, therefore the description of the product is inaccurate – they are not fit for the purpose for which Alf intends to use them.6 The statutory test to determine the merchantable quality of goods is that they are fit for the purpose that they are to be used8.
Secondly, there is another factor impacting upon the satisfactory nature of the product - it contains no instructions that it should be used in well ventilated conditions, a statutory warning that would normally be included with these types of products and which a buyer has a right to expect. Since Décor Shine is in the business of supplying building products, there is an implied condition that the goods being supplied are of “satisfactory ...Download file to see next pagesRead More
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