Key Facts: Consumer Law

Jacqueline Martin, Chris Turner, Virginia Birch

• Publisher: Routledge
• Year: 2013
• eBook ISBN: 9781444166798
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Key Facts has been specifically written for students studying Law. It is the essential revision tool for a broad range of law courses from A Level to degree level. Consumer Law is also relevant to courses for Trading Standards Officers and many Business Studies courses.The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.Chapters include: The character of consumer contracts / Consumer protection in contract law / Contracts for sale of goods / Unsolicited goods / Distance selling / Contracts to provide services / Protection under the law of tort / Exemption clauses & unfair terms in consumer contracts / The Consumer Protection Act 1987 / Criminal Law as a means of consumer protection / Consumer finance / Trade Descriptions Act 1968 / Misleading proce indications / Regulating advertising / Insurance / Holidays / Food.

Chapter 1
INTRODUCTION TO CONSUMER PROTECTION

1.1 INTRODUCTION

1. Consumers are protected by both civil and criminal law.

2. The general law of contract gives some protection, especially from misrepresentation (see Chapter 2).

3. There are special rules for consumer contracts. These include:

contracts for buying goods (see Chapter 3);

contracts for services (see Chapter 6);

distance selling (see Chapter 5);

other specialist area such as package holidays, insurance, food and finance.

4. The tort of negligence gives limited protection where the consumer has no contractual rights (see Chapter 7).

5. There is protection from defective goods under the Consumer Protection Act 1987 (see Chapter 11).

6. The criminal law gives protection against such matters as falsetrade descriptions (see Chapter 12) and misleading prices (see Chapter 13).

7. Consumer finance is protected (see Chapter 14).

8. The Office of Fair Trading has powers in respect of adverse consumer practices.

1.2 THE NEED FOR CONSUMER PROTECTION

1. Contract law is generally based on the freedom of the individual to make whatever contract he wishes.

2. In consumer law it used to be thought that no one supplier or producer could dominate the market and so competition would keep prices and quality reasonable.

3. However, in consumer contracts it is recognised that, in 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 CONSUMER 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, US).

4. The Unfair Contract Terms Act 1977 (UCTA) s12(1)(a) states that ‘a person deals as a consumer if the other party is unable to prove that he neither makes the contract in the course of business nor holds himself out as doing so’.

5. A company can be a ‘consumer’ where the purchase is not for some definite business purpose and is one which is not made regularly by that company (R & B Customs Brokers Co Ltd v United Dominions Trust Ltd (1988)).

6. The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) apply only in favour of a ‘natural person … acting for purposes outside his trade or profession’ (reg 3(1)).

7. UCTA s12(2), as amended by the Sale and Supply of Goods to Consumers Regulations 2002, means that a person who purchases at an auction sale is not regarded as a consumer where:

he is an individual and the goods are s...

Table of contents

• Cover
• Title Page
• Copyright
• Contents
• Preface
• Chapter 1: Introduction to consumer protection
• Chapter 2: Consumer protection in contract law
• Chapter 3: Sale of goods
• Chapter 4: Unsolicited goods
• Chapter 5: Distance selling
• Chapter 6: Supply of goods and services
• Chapter 7: Protection under the law of tort
• Chapter 8: Control of exemption clauses and unfair terms
• Chapter 9: The Consumer Protection Act 1987 and civil remedies
• Chapter 10: Criminal law as a means of consumer protection
• Chapter 11: The Consumer Protection Act 1987 and criminal liability
• Chapter 12: Trade Descriptions Act 1968
• Chapter 13: Misleading prices
• Chapter 14: Consumer credit
• Chapter 15: Package holidays
• Index