Chapter 16: Consumer protection
Question 1- Explain (briefly) the development of contract law through cases, based
on the principle of freedom to contract. Consider the lack of statutory
intervention for several centuries. - Examine some of the cases where the courts have attempted to provide
protection before statute intervened, for example in the area of
exemption clauses – Olley v Marlborough Court Hotel, Chapelton v
Barry; and in the area of sale of goods – Samuels v Davies. Show how
the statutes were then introduced to cover the area that was causing
problems to consumers. - Consider that in protecting the consumer the statutory intervention
increased the restriction on parties and reduced the general freedom to
contract. - Examine some provisions in detail. These could come from a variety of
sources, e.g. Sale of Goods Act 1979, Sale and Supply of Goods Act
1994, Unfair Contract Terms Act 1977, Unfair Terms in Consumer
Contract Regulations 1994. - Discuss the effect of membership of the European Union, especially on
the increasing concern for fair bargaining.
Question 2- Explain the concept of product liability and discuss the need for
provision in statute. Include some discussion of the problems in
previous cases of no provision. - Consider the problems of the consumer in establishing negligence
against a manufacturer. - Consider the protection given by statute. Consider exactly who may be
liable under statute, what they may be liable for and what defences may
be available, particularly that of ‘development risk’. - Discuss cases which have arisen and the way in which statute has
applied.
Chapter 17: Additional questions
Question 1Statement A- Rescission is generally available for any misrepresentation unless
barred, e.g. by lapse of time, third-party rights, affirmation, etc.
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