Monday, May 13, 2019
Consumer law Essay Example | Topics and Well Written Essays - 1500 words
Consumer law - Essay Examplemore so, goods and products interchange in the course of business sector operations are required to be of merchantable quality.3 Put another way, goods should be satisfactory so that they fit for the purposes for which they are purchased and the consumer is at liberty to anticipate that goods purchased are satisfactory and fit for the purposes for which they are sold and purchased.4Based on the Sale of Goods Act 1979, Irman has a direct claim against Helen for the damages sustained to his studies. This is so because, the computer had a defect and therefore was not of merchantable quality. Even so, Helens liability in like manner falls to a lower place the Consumer Protection Act 1987 which incorporates Council Directive 85/374/EEC, 1985.5 The Directives position with adore to manufacturers and distributors is aligned to strict liability.6 at a lower place the directive a defective product is defined as a product whichUnder Section 2 of the Consumer P rotection Act 1987, the French comp each importing the guest is liable to both Imran and his jockstrap. This is so because under Section 2 when a product is manufactured international of the EU, the person or party importing the defective product into the EU is strictly liable for any damages resulting from any defect in that product.8 While Imran, the purchaser of the defective computer, by virtue of the dogma of privity of contract may pursue a claim in damages for breach of contract under the Sale of Goods Act 1979 against Helen, the vendor of the goods, Imrans friend has a problem in contract. Imrans friend does not view as a contract with Helen, the vendor. His 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 concern 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 contemplat ion.9 Under the Consumer Protection Act 1987 together with the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.