Consumer Law Case Study Example | Topics and Well Written Essays - 3000 words

Consumer Law - Case Study ExampleSue inquired of the sales assistant whether the labeling means the dye would be suitable for use by those with skin allergies the assistant replies, I suppose so, thats what it says on the telly. The statue covering violate of stipulation can be found in the Sale of Goods Act of 1979 in section 14 2(b). Implied terms about quality or seaworthiness is where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of merchantable quality, except there is no such condition. If the vendee examines the goods before the contract is made, as regards to defects, which that examination ought to reveal.1 An implied warranty is the shorthand label used in the Product Warranty Liability Act to describe the providers contractual responsibilities (or guarantees) regarding the quality or fitness of the goods. Implied warranties, which dont depend simply on what the supplier says but are 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 nix at all about the goods, 2 The purpose and nature of implied warranties 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 simply on what the supplier says but on other circumstances as well, implied warranties apply even when the supplier says zero at all.... 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 simply on what the supplier says but on other circumstances as well, implied warranties apply 1Sale of Goods Act 19792Product Warranty Liability Act 3 even when the supplier says nothing at all.3 The issue is supported in law bySmith v. Land and HousePropertyCorporat ion (1884), 28 CHD 7 South Australia, where the court held a statement of opinion can be regarded as a statement of fact in certain situations. Such a situation will be where the maker of the statement has greater intimacy or appears by implication, to be able to support that statement.4 This case is buttressed by Dimmock v. Hallet (1866), and Bisset v. Wilkinson (1927) AC 177. Also in Schawel v. Reade (1913) 46 ILT 281, the court held that the strength of the motivator can be important, the more emphasis put on representation, the more likely the courts will regard this as a term.5 Also chaffer Rutledge v. McKay (1861) WLR 615, where the court cited Section 14 (2) of the Sale of Goods Act of 1979, and in Wilson v. Rickett, Cockerall and Company LTD. (1954), the court concluded the goods supplied must be considered in the units and measures in which they were supplied when examining quality.6 pull ahead in Wilson v. Rickett, the court goes on again to point out the SOGA 1979, Se ction 14 that it apply only when the purchaser has relied upon the vendors skill and expertise. It