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 [...]
Consumer Rights
…And if my statutory rights are breached?
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 | 27 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 | 4 comments | Continued
Is it a legally binding contract?
In order to know your rights under sale of goods and/or service agreements, it is important firstly to understand the basic principles of contract law. Contract law is all about enforcing promises and making them legally binding irrespective of whether there is something in writing to this effect. Despite the word ‘contract’, and contrary to [...]
June 25th, 2008 | Catriona | 3 comments | Continued
What are my rights if I buy an item which I know to be damaged?
If an item is reduced in price due to a sale, your rights are the same as if it were a full priced item. If however, the item is reduced due to a defect and you are made aware of that defect, you cannot then return the item on the basis of that defect. Sounds [...]
June 15th, 2008 | Catriona | 0 comments | Continued
I bought it from a bloke down the pub
As mentioned in ‘How long should it last?’, the statutory term of satisfactory quality only applies if you have bought something from a commercial entity – a supplier or retailer who is acting ‘in the course of a business’. In this respect, your rights under Sale of Goods apply even if the item you have [...]
June 15th, 2008 | Catriona | 0 comments | Continued
How long should it last?
Durability
Durability is another recent addition to the definition of quality. How long should a dishwasher or a vacuum cleaner or a printer last? This is a very common source of complaint and one which manufacturers were always quick to turn back on the consumer, requiring them to provide proof that the item did not conform [...]
It is not fit for purpose
That’s a legitimate claim as long as you are using the item for the purpose for which it was intended. This is the principle of fitness for purpose. There is no point claiming that paint thinner has had adverse effects if it is not being used as paint thinner! Similarly, if you are commissioning the [...]
June 15th, 2008 | Catriona | 0 comments | Continued
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 led to expect, you were [...]
June 15th, 2008 | Catriona | 0 comments | Continued
