Consumer Protection Law in the UK Essay Example | Topics and Well Written Essays - 3250 words

Consumer Protection Law in the UK - Essay ExampleIn SOGA 1979 14(2) as to quality the court set in Rogers v Parish ( Scarborough) Ltd 1987 QB 933 found that goods must be fit for the purposes for which supplied and failure to do so leaves them unmerchantable.6 In Jims case he purchased the dissonance at 250, a considerable amount for a tennis racquet. Further, because the severe surface damage to finish of the racquet and the fact its handle came off all within the depression few weeks of normal use, the racquet as well was unmerchantable.In Stevenson v Rogers 1999 1 All ER 613 the Court of Appeal had to consider the meaning of in the rails of a business in the context of the Sale of Goods Act 1979, s14(2), where it limits the statutory implication of a term as to the quality of the goods to sales where sellers are acting in the run of a business. ... 7 It leave alone be contended that the broader meaning would also be more appropriate than that currently adopted in relation to the definition of deals as consumer under the Unfair Contract Terms Act 1977. Further the guarantee, from the manufacturer, which came with the racquet stated that We, Slammer Racquets plc, undertake that if, within twelve months of the date of the purchase, this racquet proves unsound by reason only of faulty workmanship or materials, we will, at our option, repair or replace the same FREE OF ANY CHARGE for labour, materials or carriage on condition that the racquet has not been subjected to abnormal use. Exclusions This guarantee does not cover damage resulting from improper use or neglect. As it was shown the racquet was in breach of implied terms of the contract as outline above, the next step was to ascertain if in fact the breach was a condition or a warranty of the sale or the goods did not conform to the contract.Jim purchased the Superslammer tennis racquet from Oldcastle Sports and Leisure (OSL) for 200 cash for the express purpose of learning to fit tennis. He purchase d the racquet based on the advertisement from the local newspaper. The advertisement readSlammer Racquets PLC announce the arrival of the Superslammer Tennis RacquetThis is a fanciful new tennis racquet specially designed for beginners. Its unique anti-scratch finish means that however many times you knock it, scratch it, drop it, the scratches will not show. Your racquet will look as good as a new after many years of use.Buy one instanter from your Slammer Stockist.The statement coming from the manufacturer in the form of the advertisement was pre-contractual in nature therefore, it is necessary to determine if it has contractual effect. To