Part 3Business transactions
412
Civil lawCancellation rightsCredit agreements signed away from business premises are cancellable (Consumer Credit Act 1974)Non-credit agreements involving payments over £35 signed away from business premises are cancellable (Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008)Timeshare agreements made in the UK are cancellable (Timeshare Act 1992)Distance contracts are cancellable (Consumer Protection (Distance Selling) Regulations 2000)Defective goodsStrict liability for breach of implied contractual terms as to quality and suitability ( Trading Stamps Act 1964, Supply of Goods (Implied Terms) Act 1973, Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Sale and Supply of Goods to Consumers Regulations 2002)Fault-based liability in the tort of negligenceStrict liability for breach of statutory duty under Part II, Consumer Protection Act 1987Strict liability under Part I, Consumer Protection Act 1987Defective servicesLiability for breach of implied contractual terms as to use of reasonable care and skill, time of performance and consideration (Supply of Goods and Services Act 1982)Fault-based liability in the tort of negligenceLiability for breach of implied contractual terms in package holidays (Package Travel etc. Regulations 1992)Exclusion of liabilityExclusion clauses may be ineffective under the common law or rendered void by statute (Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts Regulations 1999)Criminal law Offence not to inform timeshare customerof cancellation rights (Timeshare Act 1992)Offence to supply unsafe consumer goods(General Product Safety Regulations 2005)Various offences related to the sale of food(Food Safety Act 1990)Offences under the Consumer Protectionfrom Unfair Trading Regulations 2008Offences under the Consumer Protectionfrom Unfair Trading Regulations 2008,Package Travel etc. Regulations 1992 (see above) Offence to display ‘no refunds’ notices(Consumer Transactions (Restriction onStatements) Order 1976)Administrative controlsEnforcement orders to stop breaches ofconsumer legislation under the EA 2002Super-complaints under the EA 2002Licence required to carry on consumercredit business (Consumer Credit Act1974) Secretary of State can issue prohibitionnotices and notices to warn; tradingstandards officers can issue suspensionnotices and apply for forfeiture orders inrespect of unsafe goods (Part II,Consumer Protection Act 1987)Food authorities can apply for e.g.improvement notices, prohibition orders oremergency orders to deal with unsafefood. Food premises must be registered(Food Safety Act 1990)Enforcement orders to stop breaches ofconsumer legislation under the EA 2002Super-complaints under the EA 2002Enforcement orders to stop breaches ofconsumer legislation under the EA 2002Super-complaints under the EA 2002Licence required to carry on consumercredit business (Consumer Credit Act 1974)Bonding requirement for package travelorganisers and retailers (Package Traveletc. Regulations 1992)Enforcement orders to stop breaches ofconsumer legislation under the EA 2002Super-complaints under the EA 2002 Office of Fair Trading and other qualifyingbodies can challenge unfair contract terms(Unfair Terms in Consumer ContractsRegulations 1999)Business self-regulationTrade association codes of practiceTimeshare Council Code of PracticeTrade association codes of practice Trade association codes of practiceProfessional bodies’ codes ofpractice Citizens’ Charter standards for publicservicesTrade association codes of practiceFigure 14.2(continued)