Consumer Law Case Study Example | Topics and Well Written Essays - 3000 words

Consumer Law - Case Study Example Sue inquired of the sales assistant whether the labeling means the dye would be suitable for use by those with skin allergies; the assistant replies, I suppose so, that’s what it says on the telly. The statue covering breach of stipulation can be found in the Sale of Goods Act of 1979 in section 14 2(b). Implied terms about quality or fitness is where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of merchantable quality, except there is no such condition. If the buyer examines the goods before the contract is made, as regards to defects, which that examination ought to reveal.1 An implied warranty is the shorthand label used in the Product Warranty Liability Act to describe the supplier’s contractual responsibilities (or guarantees) regarding the quality or fitness of the goods. Implied warranties, which don’t depend simply on what the supplier says but are based on the consumerâ⠂¬â„¢s reasonable expectations about the goods in all circumstances. The supplier may be responsible under the implied warranty even if the supplier says nothing at all about the goods, 2 The purpose and nature of implied warranties is to protect the reasonable expectations that a buyer would have about the goods considering all the circumstances of the sale. Because reasonable expectations do not simply depend simply on what the supplier says but on other circumstances as well, implied warranties apply even when the supplier says nothing at all.... the reasonable expectations that a buyer would have about the goods considering all the circumstances of the sale. Because reasonable expectations do not simply depend simply on what the supplier says but on other circumstances as well, implied warranties apply 1Sale of Goods Act 1979 2Product Warranty Liability Act 3 even when the supplier says nothing at all.3 The issue is supported in law bySmith v. Land and HousePropertyCorporation (1884), 28 CHD 7 South Australia, where the court held; "a statement of opinion can be regarded as a statement of fact in certain situations. Such a situation will be where the maker of the statement has greater knowledge or appears by implication, to be able to support that statement.4 This case is buttressed by Dimmock v. Hallet (1866), and Bisset v. Wilkinson (1927) AC 177. Also in Schawel v. Reade (1913) 46 ILT 281, the court held that; "the strength of the inducement can be important, the more emphasis put on representation, the more likely the courts will regard this as a term".5 Also see Rutledge v. McKay (1861) WLR 615, where the court cited Section 14 (2) of the Sale of Goods Act of 1979, and in Wilson v. Rickett, Cockerall and Company LTD. (1954), the court concluded; "the goods supplied must be considered in the units and measures in which they were supplied when examining quality".6 Further in Wilson v. Rickett, the court goes on again to point out the SOGA 1979, Section 14; "that it apply only when the purchaser has relied upon the vendors skill and expertise. It