Consumer law Essay Example | Topics and Well Written Essays - 3500 words

Consumer law - Essay Example Thus, the court held; "it was possible that a business could deal as a consumer". On the surface it appears that the ruling in R & B Customs totally contradicts the basis of the statues themselves, But upon review, we see that the vehicle was in fact purchased for double use; partly for family use, and partly for business use. The family use of the vehicle, coupled with the fact that the purchaser was not in the car business influenced the courts decision to extend an exception to the statue. So in the case of Andy, he would now be in accord with R & B Customs, he would now be classified as a consumer availing him of protection under The applicable statues found in the UCTA and the SOGA. In that we have stratified him and established his privilege to coverage as a consumer, we can approach the remaining issues affecting the car and his likely remedy. The only acknowledged car fault was with the brakes, and the dealer acknowledged the fault by accepting a 400-pound reduction in his initial price. It was presumed by Andy that a repair of the brakes would render the vehicle totally road worthy, thus of satisfactory quality. And presumably place the sale in accord with the SGA. We find a similar case in Bartlett v. Sydney Marcus (1965) the claimant purchased a second hand car from the defendants and was advised that there was a minor problem with the clutch. Being offered the option of purchasing the car at a reduced price and effecting the repairs himself, or allowing the vendors to repair the car and paying full price, he chose to accept the reduction and get the work done himself. This was indicated on the sale documents.... 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.The only acknowledged car fault was with the brakes, and the dealer acknowledged the fault by accepting a 400-pound reduction in his initial price. It was presumed by Andy that a repair of the brakes would render the vehicle totally road worthy, thus of satisfactory quality.In the Product Warranty Liability Act a description of Implied warranty is provided to describe the suppliers contractual responsibilities (or guarantees) regarding the quality or fitness of the goods. Implied warranties, which don’t depend simply on what the supplier says but based on the consumers’ reasonable expectations about the goods in all circumstances. The supplier may be responsible under the implied warranty even if the supplier says nothing at all about the goods. The purpose and nature of implied warr anties is to protect the reasonable expectations that a buyer would have about the goods considering all the circumstances of the sale. Because reasonable expectations do not simply depend on what the supplier says but on other circumstances as well, implied warranties apply even when the supplier says nothing at all. (PWLA) The issue is supported in law by Smith v. Land and House Property Corporation, 28 CHD 7 South Australia, where the court held; â€Å" a statement of opinion can be regarded as a statement of fact in certain situations.