Consumer law Essay Example | Topics and Well Written Essays - 3000 words

Consumer law - Essay Example You must take it in the condition in which you found it. This statement by itself does not shield the seller from liability. Under section 6(2)(a) of the Unfair Contract Terms Act 1977, as against a person dealing as consumer, liability for breach of the obligations arising from section 13, 14 or 15 of the 1979 Act (seller’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); cannot be excluded or restricted by reference to any contract term. Dealing as a Consumer is defined under section 12 of the Unfair Contract Terms Act 1977.1 An individual deals as a consumer when he neither makes the contract in the course of a business nor holds himself out as doing so the other party does make the contract in the course of a business. The second hand good was not bought in a public auction, and therefore the burden of proving that the purchase was not made as a consumer lies on the seller either because the seller did not sell in the course of business or the buyer did buy or held out to buy in the course of business. The mere fact that Andy had paid the purchase price from his business account does not lead to a conclusion that he was dealing in the course of business and not as a consumer. In fact, his intention was to use the car principally for shopping and collecting the children from school but he did expect occasionally to use it in his business for urgent collections and deliveries of materials. Under section 14(2A) of the 1979 Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. Furthermore, under section 14(2B), the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods— The description of the