Nobody downloaded yet

Consumer law - Essay Example

Comments (0) Cite this document
Under the European Community (EC) Directive on Liability for Defective Products, considered to be the basic level that provides protection to consumers in member states, a producer shall be liable for damage caused by a defect in his product (Narita, 1996, p. 6). A producer…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.1% of users find it useful
Consumer law
Read TextPreview

Extract of sample "Consumer law"

Download file to see previous pages The importer of a product into any member state of the European Union may also be considered as a producer under the said directive.2 However, where the producer cannot be known or identified, the supplier of such a product is treated under the directive as the producer unless the identity of the producer or the one supplying the product can be identified by him.3
In the case at bar, if the buyer would identify specifically the manufacturer of Aquawash-09 in Korea, such manufacturer may be made liable under the directive. If not, the importer of such washing machine, specifically, Heinz which is a German Company, can be made liable under the EC directive. The buyer can therefore claim against the manufacturer, the supplier or both under the EC directive.
Furthermore, under the EC directive, a defect in a product exists if the so-called objective test is established which includes “either or both the cost-risk analysis and the consumer’s expectation of safety.”4 A product is considered as defective under the EC directive if such product does not make available the safety which any person could “reasonably entitled to expect,” taking into account the following: “the presentation of the product, the use to which the product could reasonably be expected to be put, and the time when the product was put into circulation.”5 Defect may also be present in the design or the manufacturing of the product, in the failure to warn, in the instructions, and in the “developmental defects.”6 If then the product does not provide the level of safety which is expected by the consumer, it would then be considered as defective under the directive even though it functions under the designed specification.7
In the case at bar, the washing machine then may certainly be considered as defective not only because it did not function properly but because it does not provide for the level of safety reasonably expected from the product, as ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Consumer law Essay Example | Topics and Well Written Essays - 2500 words - 2”, n.d.)
Consumer law Essay Example | Topics and Well Written Essays - 2500 words - 2. Retrieved from
(Consumer Law Essay Example | Topics and Well Written Essays - 2500 Words - 2)
Consumer Law Essay Example | Topics and Well Written Essays - 2500 Words - 2.
“Consumer Law Essay Example | Topics and Well Written Essays - 2500 Words - 2”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Consumer law

...and when he has not.9 Also, he may have a cause of action for damage caused to his other property by the defective goods where it is was directly caused by the defective property.10 Thus the retailer should know that the consumer has all the above remedies properly open to him where poor quality goods are sold to him. References 1. Sale of Goods Act 1979 (UK) 2. Anonymous (2011), Returning Damaged or Faulty Goods, What Consumer, Meanwhile Trading Ltd. Bolton, England, UK 3. Consumer Sales Directive 1999 on Consumer Remedies. 5. Bernstein v Pamson Motors (Golders Green) Limited [1987] 2 All ER 220 6. Sale and Supply of Goods Regulations 2002 (SI 2002 No 3045) 7. Bowes v...
4 Pages(1000 words)Essay

Consumer law

...?The General Product Safety Regulations (GPSR) 2005, Consumer Protection Act 1987, Supply of Goods and Services Act 1982 and Sale of Goods Act, 1979 important British legislation and regulations that guide the way and manner in which buyers and sellers must relate to each other in a legally justifiable fashion1. In this paper, there are three scenarios with consumer law context that will be analyzed using the three afore mentioned legislations and laws. In all cases of the analysis, breaches shall be identified as well as any strict liabilities that come with them so that remedies shall be suggested in the long run. One of the problems, which will be analyzed using...
9 Pages(2250 words)Essay

Consumer law

...? Consumer Law in Australia Synopsis Consumer law or consumer protection law is a branch of law whose aim is to regulate the privatelaws concerning the relationship between a seller and a buyer when involved in the sale of goods and services. Ideally, consumer law covers an array of topics that include fraud, unfair business practices, product liability, misrepresentation, and rights to privacy among a list of other consumer/business enterprise interactions. The core principles embedded in consumer law safeguard against frauds that may...
10 Pages(2500 words)Essay

Consumer law

...1 Consumer Law Andy purchased a used car for multi purpose usage; shopping, collecting the children from school and occasional business use. He paid for the car with a cheque drawn on his business account. When we view the Unfair Contract Terms Act of 1979 section 12 (a), this section defines a consumer as one who neither makes the contract in the course of a business nor holds himself out as doing so. Does Andy qualify as a consumer, since he paid for his purchase with a cheque drawn on his business account Does he forfeit his consumer status by exclusion via the definition of a consumer as per the Unfair...
14 Pages(3500 words)Essay

Consumer Law

...The case of Sue and HBS came with a couple of hitches attached; Sue made her purchase under the auspices of a business, and then she sought damages for her ill-fated use of the defective product which she purchased. I was compelled to locate the appropriate statues and case law which would qualify her as a consumer, which would in turn qualify her to file for damages. Also, the manufacturer of the defective product had liquidated, so Sue did not have a recourse in pursuing the company which was originally at fault. As a consequence I was again compelled to research the appropriate statues and case law which would be applicable in providing her with the desired...
12 Pages(3000 words)Case Study

Consumer law

...)(a) of the Unfair Contract Terms Act 1977, as against a person dealing as consumer, liability for breach of the obligations arising from section 13, 14 or 15 of the 1979 Act (seller’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); cannot be excluded or restricted by reference to any contract term. Dealing as a Consumer is defined under section 12 of the Unfair Contract Terms Act 1977.1 An individual deals as a consumer when he neither makes the contract in the course of a business nor holds himself out as doing so the other party does make the contract in the course of a business. The second hand...
12 Pages(3000 words)Essay

Consumer law

...Consumer Credit Act 1974. The Consumer Credit Act 1974 sets out a framework for the regulation of the supply of consumer credit and the hiring of goods in the United Kingdom and provides that a license under the Act is necessary to carry on a consumer credit business and consumer hire business. Several laws in different sections of the Credit Act 1974 are open to safeguard the interest of the debtors. The Consumer Credit Act 1974 regulates consumer credit and consumer hire agreements for amounts up to £25,000. Its protections apply to agreements between traders and individuals, sole...
15 Pages(3750 words)Essay

Consumer law

...Consumer Law I. Introduction The United Kingdom has several laws that protect the rights of consumers from faulty and defective goods. The sale of Goods Act 1979, the service Act of 1982, the Supply of Goods Act 1994, the Consumer protection Act of 1987 and the Sale and Supply of Goods to Consumers Regulations 2002, are leading legislations that affords the consumers venue for redress. These laws have common key provisions that ensure that consumers get the right goods and services that they had paid for. According to these laws, the consumer is entitled...
8 Pages(2000 words)Essay

Consumer law

...claim will fall under the law of tort. Under the common law principles following the decision in Donoghue v Stevenson the neighbour principle imposes a duty on the manufacturers and/or distributors of goods not to injure or to prevent injury to all persons that an individual ought to have in his or her contemplation.9 Under the Consumer Protection Act 1987 together with the neighbour principle in Donoghue v Stevenson, Imran’s friend may proceed against the French company for damages arising out of the personal injuries suffered as a result of the computer’s defective wiring. In order for both Imran and his friend to succeed in tort and contract, it will be necessary to prove under...
6 Pages(1500 words)Essay


...What has the case of ABOUZAID V MOTHERCARE (UK) LTD added to the area of the development of negligence since Donoghue V Stevenson and the Consumer protection act. Points to use for a presentation 1. Briefly outline the facts of the case, which are as follows Abouzaid v Mothercare (UK) Ltd – the mother of the claimant had purchased a Cosytoes sleeping bag in 1990 which was attached to the pushchair by elastic straps. The claimant, aged 12, was helping his mother attach the product to his younger brother’s pushchair when one of the straps slipped and lashed back. The buckle attached to the strap hit the claimant in the eye and caused permanent serious damage to the boy. The claim against the respondent was brought in...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Consumer law for FREE!

Contact Us