GCSE law Consumer Contract B144 WHOLE UNIT

1. legal intent
   1. presumptions

      Anmerkungen:

      • Assumed that domestic arrangements will not be legally binding and COMMERCIAL arrangements will be legally binding
2. Consideration
   1. Exchange of value
3. Agreement
   1. Acceptance

      Anmerkungen:

      • must be made in good time Montfiore v Ramsgate Hotel. 
   2. Offer

      Anmerkungen:

      • Must not have a problem with multiple acceptance or will be invitation to treat.  Carlil v Carbolic SmokeBall Co - because the advert restricted the number of acceptances 
      1. Not an invitation to treat

         Anmerkungen:

         • Fisher v Bell - goods in shop window Partridge v Crittenden - advert in a magazine  

Anmerkungen:

• Contract is breached if these terms are breached,  you are entitled to your money back or repair.

1. GOODS
   1. Satisfactory Quality
      1. Safety
      2. Durability
      3. finish and appearance
   2. As described
   3. Fit for Purpose
   4. Remedies

      Anmerkungen:

      • Replacement Repair Refund 
2. SERVICES
   1. reasonable care and skill
   2. reasonable price if not agreed in advance
   3. Reasonable timescale
   4. Remedies

      Anmerkungen:

      • Partial refund if you have had some benefit from the service Should give the contractor a chance to correct the work 
3. Evaluation

   Anmerkungen:

   • Customers can get the price of their faulty goods refunded.  No need to have a written contract of sale for this - terms are implied in EVERY CONTRACT The rules will encourage businesses to make their products safe and durable. Goods must be as described - encourages fair promotion and advertising.  

1. mere representations

   Anmerkungen:

   • words used in negotiation which do not form part of the contract
2. Warranties

   Anmerkungen:

   • minor terms if breached, the consumer gets compensation but the rest of the contract can still operate.
3. conditions

   Anmerkungen:

   • absolute terms. if a condition is breached the whole contrcat will fail
4. misrepresentation

   Anmerkungen:

   • ' information' given during negotiation Induced you into signing the contract and was false Will void the contract "spice girls v aprilla" 

1. Duty of care
   1. Donoghue v Stevenson

      Anmerkungen:

      • snail in ginger beer   Case created a duty of care between manufacturers and their suppliers  
      1. foresight
         1. the D can foresee that C will be affected
      2. proximity

         Anmerkungen:

         • there is some kind of connection between claimant and defendant eg - teacher-student Driver- other road user Manufacturer - consumer 
         1. foresiight

            Anmerkungen:

            • means the defendant could have foreseen the damage
      3. fair just and reasonable

         Anmerkungen:

         • it is fair and reasonable to impose a duty of care on the defendant
2. Breach of duty

   Anmerkungen:

   • did the defendant act as a 'reasonable person'? Experts judged against standards of reasonable experts EG doctor should act like a reasonably skilled doctor  
3. Foreseeable damage

   Anmerkungen:

   • should the defendant have been able to predict the sort of damage that has arisen? BUT FOR test - Barnett v Chelsea Hospital (arsenic case)
4. possible defendants

   Anmerkungen:

   • manufacturers suppliers repairers wholesalers assemblers retailers
5. EVALUATION

   Anmerkungen:

   • hard for consumers to find out and PROVE IN COURT who is responsible for a defective product. hard to know WHO is liable Hard to know how the defect was caused - prove a breach. 

1. Consumer Protection Act 1987

   Anmerkungen:

   • the law which brings the EU directive into UK law
   1. Strict Liability

      Anmerkungen:

      • means claimant does not need to show HOW the product defect was caused.
      1. Consumer can claim from any part of the supply chain

         Anmerkungen:

         • producer eg - manufacturer, supplier, retailer, assembler, repairer,  wholesaler,  importer own-brander - someone who puts their own brand on a product made by someone else. 
   2. What can be claimed for?

      Anmerkungen:

      • Death Injury damage to PERSONAL property amount must be OVER £275  
   3. restrictions

      Anmerkungen:

      • where customer has not used the product properly where customer has not followed warnings and instruction there will be NO LIABILITY 
   4. EVALUATION

      Anmerkungen:

      • All EU goods covered so can buy goods from anywhere with confidence.  Should promote vigilance amongst producers and improve products No need to show HOW breech occurred - easier for consumers   Can hold ANY PARTY  in the supply chain liable. Negatives.. Only personal property - can't claim for business damage. Only property OVER £275. leaves a lot of small claims with no remedy.   Too many defences makes claiming difficult.   
   5. what products are covered?

      Anmerkungen:

      • everything EXCEPT nuclear power buildings UNPROCESSED raw agricultural produce 
   6. defences

      Anmerkungen:

      • the damage arises because the product meets a regulation requirement The defect did not exist when the D had the product The defect could not have been reasonably known about The product was not sold in the course of business. 
2. EU product safety directive

Anlagen:

• Unfair Contract Terms