Many disputes arise due to statements or assurances made verbally during the negotiation stage, but not incorporated into a written contract. This does not mean they are not legally binding, but they are harder to prove. If you have been promised something which causes you to enter into a contract, which then turns out not [...]
June 30th, 2008 | Tony | 0 comments | ContinuedArchive for June, 2008
It’s second hand – do I have any rights?
There is a section devoted specifically to buying from public auction sites such as ebay, but for now there are some points to bear in mind when buying second-hand. Firstly, remember that the statutory entitlement of quality and fitness for purpose only applies when buying from someone who is ‘acting in the course of a [...]
June 30th, 2008 | Catriona | 0 comments | Continued
The shop doesn’t want to know - they say it’s the manufacturer’s responsibility
The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any [...]
June 30th, 2008 | Catriona | 2 comments | Continued
Do shops have to give me my money back?
When you buy something from a shop you are entering into a legally binding contract. Therefore they don’t have to give you a refund simply because you have changed your mind. Only if one of your statutory rights is breached (i.e. that the item is damaged, of poor quality or not fit for purpose) do [...]
June 30th, 2008 | Catriona | 2 comments | Continued
They say I’ve taken ownership so it’s my responsibility
The principles of contract law discussed earlier are evident here, and if the breach is so fundamental or the consequences so significant, you will be entitled to rescind the contract entirely, get your money back and also claim damages. However, your rights in this respect depend upon whether it is felt you have already ‘accepted’ [...]
June 30th, 2008 | Catriona | 0 comments | Continued
Is the guarantee worth the paper it’s written on?
In addition to the protection given to consumers by the Sale of Goods Act, manufacturers and retailers will also issue their own guarantees or warranties. The two are basically the same thing so for the purposes of simplicity we will refer to them as warranties. It is a myth that certain products (electrical products for [...]
June 27th, 2008 | Catriona | 0 comments | Continued
…And if my statutory rights are breached?
What are my entitlements?
The Sale of Goods Act requires that goods be accurately described, of satisfactory quality and fit for any purpose specified. In other words, they must ‘conform to the contract of sale’. If this is not the case within the first 6 months after purchase, you have a range of remedies available to [...]
Satisfactory quality
How do you measure quality?
Satisfactory quality is defined as what a ‘reasonable person’ would regard as acceptable, and takes into account factors such as price paid, fitness for purpose specified, appearance and finish, freedom from minor blemishes, safety and durability. If it becomes apparent that an item is not of the quality you were [...]
What are my Statutory Rights?
You often see signs in shops at the counter which say ‘this does not affect your statutory rights’. But what does this mean? What we are talking about here are the legal obligations of retailers and suppliers to protect consumers from fraud, poor quality, misrepresentation or economic loss. The sale of goods is subject to [...]
June 26th, 2008 | Catriona | 14 comments | Continued
Contractual Terms and Conditions
So what precisely did you and other party agree to under the contract? What exactly did the company promise to do? And how much did you agree to pay? We’re talking here about the terms of the contract. Some terms may be expressly negotiated, agreed and laid down within the contract. Other terms may only [...]
June 25th, 2008 | Catriona | 2 comments | Continued
