16 Consumer protection
So far we have concentrated mostly on ensuring that the law works well for
those who have negotiated agreements. Sometimes we have seen that one
party may lack bargaining power, so needs extra protection, and often that
party is a consumer. We have already seen some ways in which the law is
effective in helping individuals who are not in a position to assess and
modify the terms of a contract. This is a very important aspect of the modern
law of contract, as it is there for all, not just as a framework for trading. This
protection of the consumer has been accomplished in two main ways:
- through the common law, over a long period, as cases involving
individual difficulties have been taken to court - through Acts of Parliament, the law recognising that common law alone
was not enough, and that the consumer needed clearer rights which were
more easily enforceable.
There are various aspects to the protection of consumers. An incident may
involve more than one aspect, particularly where goods bought are faulty
and have caused injury.
- A fair contract must exist between the consumer and the retailer.
- There may be immediate liability on the retailer for defective products
supplied under the Sale of Goods Act 1979 and the Sale and Supply of
Goods Act 1994. - There may be liability beyond the strict sale of goods, for example for
services. - There may be liability on the producer under the Consumer Protection
Act 1987 and possibly in tort or in criminal law.
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