Thursday, August 8, 2019
Consumer Law Case Study Example | Topics and Well Written Essays - 2000 words
Consumer Law - Case Study Example Judges are confined to the law made by the parliament they are to interpret the law according to the context of the case and decide keeping the spirit of the statute Law intact. Since statue law is precise and fundamental it cannot see the roots of the case, therefore the judge made law makes these gaps in deciding the cases in the interest of justice. Consumer law in UK is of 30 years old. It developed as the years passed on. It is now having substantial number of Acts and Regulations to provide the justice to the consumers. Due to the electronic revolution and increased competition and improved marketing system the consumers face a lot of hardships and are subjected to cheating and undue inducements. To protect them from these hardships the consumer laws are expanded to meet requirements. These consumer laws are made so simple and so logical that there is no ambiguity in understanding these laws even by a common man. And the relief it provides is as that what a man of ordinary prudence think with regard to the trader and what he feels just and reasonable. If any trader gives a wrong goods than what you ordered a common man says the price of such goods need not be paid. This is exactly what consumer law also says. Still the knowledge of consumer law is important since it gives more than what customer thinks deserved to get from a trader. In the above example a person without any legal knowledge thinks he need not pay for the product but consumer law says more that he deserves an extra amount from the trader as compensation. Consumer law protects the customers from the negligence, irresponsibility and wrong doings by the traders and there by makes consumers suffer. When can we say that the trader is at fault We can say that they at fault when they do not follow the law relating to the trade and they do not pay adequate attention to the consumer's needs and when they follow the unfair trade practices to gain undue profits at the cost of consumers etc. There are statues and laws made to regulate the trade such laws are Sale of Goods Act 1979 (as am emended), Supply of Goods and Services Act 1982. Other laws which are also known as consumer laws and which the consumer shall have a minimum and basic knowledge about them to safeguard themselves. These laws will be discussed later in this issue. These statues lay down principles that the traders should follow and all the traders are to abide by this law. Sale of goods Act prescribes certain conditions that good sold shall comply such as quality, quantity, tim e etc to the satisfaction of the consumers. Sale of goods act is also a contract which mutual agreement between the customer and the trader. The trader is bound to supply the agreed quality, quantity within the agreed period of time. Simultaneously the customer is also bound to pay the amount as agreed once the trader performs his part of agreement. If any defect in the product is made known to the customer and the customer agrees to buy with the defect then later he cannot take shelter of defect in the goods and pray for compensation or exempted from payment of the price. The burden of proof of the trader's failure or wrong is always lies on the customer except in specific condition such as where the trader gives guarantee of the goods of its life and the product does not lost for the guartee time in this condition it is the trader to prove that the product has fulfilled its guaranteed period etc. In every
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