GCSE law Consumer Contract B144

1. assumptions

   Annotations:

   • Assumed that domestic arrangements will not be legally binding and COMMERCIAL arrangements will be legally binding

1. Exchange of value

1. Acceptance

   Annotations:

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

   Annotations:

   • 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

      Annotations:

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

1. Satisfactory Quality
   1. Safety
   2. Durability
2. As described
3. Fit for Purpose
4. Remedies

   Annotations:

   • Replacement Repair Refund 

1. reasonable care and skill
2. reasonable price if not agreed in advance
3. Reasonable timescale
4. Remedies

   Annotations:

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

Annotations:

• 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.  

Annotations:

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

Annotations:

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

Annotations:

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

Annotations:

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

1. Donoghue v Stevenson

   Annotations:

   • 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

      Annotations:

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

         Annotations:

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

      Annotations:

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

Annotations:

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

Annotations:

• should the defendant have been able to predict the sort of damage that has arisen?

Annotations:

• manufacturers suppliers repairers wholesalers assemblers retailers

Annotations:

• 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. 

Annotations:

• the law which brings the EU directive into UK law

1. Strict Liability

   Annotations:

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

      Annotations:

      • 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?

   Annotations:

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

   Annotations:

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

   Annotations:

   • 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?

   Annotations:

   • everything EXCEPT nuclear power buildings UNPROCESSED raw materials 
6. defences

   Annotations:

   • 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 reasonable known about The product was not sold in the course of business.