Acceptance of goods
If the goods are accepted this will normally mean that they cannot then be
rejected by the buyer. However, the buyer should have a chance to examine
the goods. Acceptance may be made by words or actions, or by lapse of
time. The new Sale and Supply of Goods Act 1994 has attempted to
improve the position of the consumer on acceptance of goods.
The Supply of Goods and Services Act 1982
Where goods are handed over, or services undertaken, but nothing is
actually bought over a counter, as in a shop sale, a consumer could still be
in need of protection, and yet would not fall within the definition of a sale
under the Sale of Goods Act 1979. The case of Samuels v Davis (1943), see
Chapter 6, p. 103, highlights the problem, raising the issue of whether the
supply of a set of false teeth is a sale of goods.
The Supply of Goods and Services Act 1982 implies similar conditions
into contracts as the Sale of Goods Act. Sections 2 to 5 cover the supply of
goods (the ‘materials’ element) and sections 13 to 15 cover the supply of
services (the ‘work’ element). The Act applies, for example, where goods
are supplied by someone who essentially delivers a service, like a decorator
who supplies paint and wallpaper and uses it to redecorate, and also gives
similar rights to a consumer in hiring goods. It protects a consumer by
implying conditions into a contract for services, such as one for servicing
a car. This is a good example of a statute implementing changes demanded
by the common law through cases.
These provisions are as follows:
- The service will be carried out with reasonable care and skill – Wilson v
Best Travel (1993) regarding a holiday in Greece, where the customer
fell through a glass door, which although ordinary glass, complied with
local requirements, and was therefore held reasonable. - The service will be carried out within a reasonable time, where a time
limit is not specified in the contract. - A reasonable price will be paid for the service, where this is not
specified in the contract.
The Consumer Protection Act 1987
This Act was passed as a direct result of Britain’s membership of the
European Union, giving effect to the European Product Liability Directive,
and section 1 provides that the Act should be construed in accordance with
the Directive. Just as a claim in negligence may be made by a user of a
product which causes harm, who is not necessarily the buyer, the Consumer
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