Consumer Law
Consumer law refers to the body of regulations and statutes that aim to protect consumers from unfair or deceptive business practices. It covers a wide range of issues, including product safety, advertising, and consumer rights. Consumer laws are designed to ensure that businesses operate fairly and transparently, and that consumers are able to make informed decisions and seek redress when necessary.
6 Key excerpts on "Consumer Law"
eBook - ePubConsumer Education (RLE Consumer Behaviour)
A Handbook for Teachers
- Marion Giordan(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...7 Consumer Law DOI: 10.4324/9781315733593-7 Marion Giordan A legal framework has developed in most countries around the transactions between producers, traders and consumers. Throughout history there has been some tension in their relationships, to the extent that some form of protection for shoppers against dishonest suppliers has been necessary. As life has become more complicated, and the chain of responsibility from manufacturer to consumer, via importer, wholesaler, and retailer more extended, so Consumer Law has had to cover this relationship in more detail. There are three basic principles underlying Consumer Law in the United Kingdom. First, there is a contract between buyer and seller. Every time you buy a paper or a chocolate bar, or get on a bus, there is a contract between you as the consumer, and the provider of the goods or service. Therefore if anything goes wrong there is a solution in law, although it is unlikely you will actually go to court. Secondly, whatever you are going to buy has to be accurately described: size, amount, colour, etc. Thirdly, it must be safe. Thus the purchases made on impulse or to fulfil a basic need like hunger or cold come down to these prosaic, legal conditions. If for some reason they are not fulfilled, there is a system of complaint and redress in England and Wales (described more fully in chapter 8) which applies with slight variations to Scotland and Northern Ireland as well. Civil Law There is a distinction between civil law, where the individual has to take action himself, because he is regarded as being the only person affected, and criminal law, where the community as a whole might be affected and the local authority officers therefore act for us all. As far as consumers are concerned, the major civil laws are the Sale of Goods Act 1979 which incorporates the 1873 Act and the Supply of Goods (Implied Terms) Act 1973. Under these laws, goods must be ‘fit for the purpose for which they are intended’, i.e...
eBook - ePub- (Author)
- 2012(Publication Date)
- Straightforward Publishing Digital(Publisher)
...Chapter 1 Consumer Protection Generally Consumers are protected by both civil and criminal law. As we shall see below, the general law of contract gives some protection, especially from misrepresentation. There are special rules for consumer contracts, including: • Contracts for buying goods • Contracts for services • Distance selling • Other areas such as package holidays, insurance, food and finance The tort of negligence gives limited protection where the consumer has no contractual rights. In addition, there is protection from defective goods under the Consumer Protection Act 1987. The criminal law also affords some protection against such matters as trade descriptions. The law of contract All transactions between consumers and suppliers are based on the law of contract. Every exchange of goods is an agreement between buyer and seller. It therefore follows that underlying each exchange is an area of law which defines the rights and obligations of both buyer and seller. The purchaser and the person who sells goods and services are not free to do exactly as they wish after the sale or, indeed, make up the rules as they go along. The major area of law which supports and assists consumers is the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994. This Act governs all transactions where goods are transferred for a price. There are, however, certain situations where a consumer will not be covered by the Sale of Goods Act. As was mentioned, this Act covers transactions where a sum of money is involved, where a price has been set for the goods. In some circumstances you may swap or exchange goods. In this case, the transaction will be governed by the Supply of Goods and Services Act 1982. There are a number of transactions which may involve a combination of swap and cash, such as the trading-in of a product against a newer model...
eBook - ePub- Jacqueline Martin, Chris Turner, Virginia Birch, Virginia Birch(Authors)
- 2013(Publication Date)
- Routledge(Publisher)
...today’s world of multi-national companies, there is an imbalance of power between such companies and the consumer. 4. Businesses often use standard term forms for their contracts and an individual does not really have the choice of altering those terms. 5. For this reason, the law implies terms in consumer contracts and ensures that those terms cannot be excluded by businesses as against consumers. 6. It is necessary to protect the general public from harmful or dangerous items. 7. It is also necessary to give protection from malpractice such as misleading prices. 1.3 C ONSUMER CONTRACTS 1. In order for there to be a consumer contract, there must be: one party dealing as a consumer; and another party acting in the course of business. 2. In addition, in some contracts, the goods must be of a type ordinarily supplied for private use or consumption. 1.3.1 Dealing as a Consumer 1. There is no statutory definition of ‘consumer’; although various acts use the phrase ‘dealing as a consumer’. 2. The most useful dictionary definition of a ‘consumer’ is ‘someone who buys goods and services for personal use or need’ (Chambers’ 21st Century Dictionary). 3. It has been argued that ‘consumer’ should be equated with ‘citizen’ and that consumer protection law should be regarded as an aspect of civic rights (Ralph Nader,...
eBook - ePubConsumer Theories of Harm
An Economic Approach to Consumer Law Enforcement and Policy Making
- Paolo Siciliani, Christine Riefa, Harriet Gamper(Authors)
- 2019(Publication Date)
- Hart Publishing(Publisher)
...2 The Limitations of Consumer Law in Tackling Consumer Harm I. Introduction In the EU and the UK, a vast legal framework is available to protect the interests of consumers carving out a number of rights devised to protect them from physical and economic harm. Despite the promises of Consumer Law, consistently high levels of consumer detriment are caused by defective goods and services and unfair contract terms. 1 Figures from the OFT dating back to 2008 placed the level of consumer detriment relating to problems with goods and services at around £6.6 billion. 2 Recent estimates show a steep upward trend. The Citizens Advice Consumer Detriment report, 3 based on data gathered from consumers in 4200 interviews, explains: Overall, the estimated value of consumer detriment in the UK in 2015 was at least £22.9 billion (after deducting compensation) or £446 per adult UK resident, amounting to 2% of consumer spending. The online survey results suggest this figure could be potentially higher. 4 In the UK, contract law – that is, sales law and unfair terms rules – now contained in the Consumer Rights Act 2015 (CRA 2015) and the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), are the primary tools to address economic loss (with which this book is primarily concerned). While the legislation currently in place goes some way to offer protection, it has many limitations. It does not address all situations where consumers may suffer primary economic harm, let alone secondary harm. Secondary harm may consist in time needed to deal with obtaining redress, days off work, etc...
eBook - ePub- Mary Charman(Author)
- 2013(Publication Date)
- Willan(Publisher)
...Part 5 Consumer protection This area of law is of use to all students as a life skill, in that most people will find at some time that they are a victim of some problem regarding goods purchased, possibly as a result of faulty production. If you buy a new radio tomorrow and it proves to be faulty, what can you do about it? What rights do you have in law? These are the kind of questions that this aspect of law addresses. This chapter contains the main statutory material on consumer protection, but for some topics it is necessary to look back a little. The following chapters of this book contain material which supports this unit: Formation of a contract Part 1 of this book provides the basic information that you will need on forming a contract.Whilst much of the protection for consumers comes from statute law, a lot of this still depends on there being a valid contract. You will find information on this in the following chapters: Chapter 2, Offer and acceptance; Chapter 3, Consideration; and Chapter 4 : Legal intent. You may find the summaries at the ends of these chapters particularly helpful, especially as this is only part of the law needed for your unit of study. Privity The relationship between parties to a contract, which gives the right to sue, is very important in the protection of consumers. Some measures only apply if there is a relationship of privity, and you will find information on this in Chapter 9, Privity. Exemption clauses Exemption clauses are terms within a contract where a party attempts to exclude or limit liability. The expression can include exclusion clauses (where a party attempts to totally exclude liability) and limitation clauses (where a party limits liability to a certain amount)...
eBook - ePubIntroduction to Spanish Private Law
Facing the Social and Economic Challenges
- Teresa Rodriguez de las Heras Ballell(Author)
- 2009(Publication Date)
- Routledge-Cavendish(Publisher)
...On the other hand, consumer protection was believed to be a logical and needed expression of the general cause of the Welfare State. Secondly, it involves a distinction between fundamental rights and instrumental rights. Fundamental rights are consumers’ security, health and legitimate economic interests. Instrumental rights are the right to information, education, representation and participation. The described duality is shown in the scope, the extent, the nature and the origin of protection rules deriving from and developing each category of rights. Moreover, the very concept of consumer is deeply conditioned by the kind of right at stake. Whereas, as far as fundamental rights are concerned, the consumer is conceived of as a citizen and protected as such, instrumental rights are based on a conception of the consumer as a contracting party and protection rules are applicable to the extent that a transaction is involved. Thirdly, it embodies a mandate addressed to public authorities to guarantee the defence of fundamental rights by effective procedures and to encourage instrumental rights by adequate promoting measures. 4.2. Consumer protection legislation—Public Law and Private Law Consumer protection has been embodied in a set of rules with indistinct borders sharing Public Law and Private Law features and combining administrative sanctions and commercial remedies. Consumer-oriented provisions have pierced each sphere of the legal system dealing with procedural, criminal, civil, administrative or social issues. Therefore, any attempt to codify Consumer rules is indeed not an easy task or even desirable. 4.3. Consumer associations Consumer associations are the most significant vehicles intended for representing and protecting consumer rights and rendering effective their information, formation and education needs...
