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A Bakers Dozen & Other Consumer Protections

An introduction into understanding how consumer law can work in practical situations

Date : 08/02/2018

Author Information

Lisa

Uploaded by : Lisa
Uploaded on : 08/02/2018
Subject : Law

Let`s start with a little historical interlude ...

Did you know where the phrase `Bakers Dozen` originated from? (I`m going to tell you anyway so you might as well say no...)

Well - in the mid-13th century with the establishment of the Assize of Bread and Ale statute, which was in effect all the way up to the 19th century before being repealed by the Statute Law Revision Act of 1863. - The Assize of Bread and Ale was the first law in British history that regulated the production and sale of food.
Even though this statute was enacted at the request of bakers, it still posed a problem for them. If they happened to accidentally cheat a customer by giving them less than what they were supposed to as outlined by the statute, they were subject to extremely severe fines and punishment, which varied depending on where the lawbreaker lived, but could include, like the Babylonians punishment, losing a hand.
As it wasn't that hard to accidentally cheat a customer, given making a loaf of bread with exacting attributes is nearly impossible by hand without modern day tools, bakers began giving more than what the statute outlined to make sure they went over and never under. Specifically, in terms of the baker s dozen , if a vendor or other customer were to order a dozen or several dozen loaves of bread from a baker, the baker would give them 13 for every dozen they ordered. Likewise, when selling quantities of anything, they d give 13 measures when only 12 were purchased.
So technically this was one of the first laws that protected the consumer ... we`ve certainly come a long way & clothing manufacturers are not at risk of losing a limb for selling substandard merchandise (regardless of how we may feel when the zip breaks on those gorgeous red patent boots you`ve coveted all month and at last got your hands on - true story) but, as consumers we are offered some protections, you`ll learn about them in your Contract Law course, but here`s a few to get you started....

SALE OF GOODS ACT
The Headline: You might not need that five-year extended warranty after all.The Scenario: Your iconic iPad, the totemic centre of your life, breaks down precisely 366 days after you bought it. The large electronics firm that sold you the iPad says that because the one-year guarantee had elapsed, there`s nothing they can do to help you. You`ll just have to buy another one. Some items, like washing machines, are expected to last a long time Tears drip disconsolately on to its lifeless grey screen as you ponder what to do. But there`s some good news. The operative who spoke to you didn`t know what they were talking about
The Truth: The Sale of Goods Act says that your IPad must be fit for purpose. It must be as described. It must be of satisfactory quality, sufficiently durable, free from any defects. If you`ve ignored the manufacturer`s warnings and have been leaving it out in direct sunshine and using it in the bath, then you probably haven`t got much of a case. But if it has been lovingly treated and has still conked out that suggests something may have been wrong with it at the very beginning. It works like this. For the first four-five weeks you have a "right of rejection" - if the item you`ve bought breaks down, you can demand a refund.
For the next six months, you are entitled to replacement or repair of the goods. It is up to the retailer to prove there was nothing wrong with it if they wish to get out of having to do the work. And then after six months, there is still a duty to replace or repair faulty goods, but the onus is on you, the consumer, to prove that there was something wrong. And the key time span is six years. That`s how long goods may be covered by the Sale of Goods Act. It all depends on what "sufficiently durable" means. If a light bulb goes after 13 months, the consumer is not going to be overly gutted. If their washing machine goes after the same time span they are going to be livid. The government`s guidelines say: "Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any descri ption." And be aware that if you go to the washing machine repairer, spend money attempting to diagnose an inherent fault, and find out you have been using it the wrong way, then you are going to be out of pocket. A key fact is that your relationship in the Sale of Goods Act is with the retailer, not the manufacturer. Where it applies: The law applies across the UK, but has numerous small differences as applied in Scotland.
CONSUMER CREDIT ACT
The Headline: Your credit card provider is often liable.
The Scenario: You`ve picked your dream sofa. It`s an astoundingly cheap £500, you paid by credit card, and you`re very excited. The day of delivery arrives but no sofa materialises. You switch on the news and see Astonishinglycheapsofas`r`us has gone bust. It turns out £500 was too cheap for a quality sofa. They`ve been losing money hand over fist. If the sofa firm goes bust all is not lost ...You ring the company and an exasperated worker is rather unhelpful. They tell you`re not going to get your sofa or your money back. It`s all gone to the liquidators to pay the creditors.
You quietly burst into tears. No sofa and your £500 is gone.
The Truth: The good news is it has not. This is a great case for a refund from your credit card provider under section 75 of the Consumer Credit Act. Section 75 only works for credit cards. And it only works when you`re paying for things that cost between £100 and £30,000. "The bank is... liable, It`s as if they have sold you the sofa.'
The most obvious claim you have, and one that crops up when furniture firms go bust, is for non-delivery of goods. But if you buy an item and after 13 months it is broken, and the shop that sold you it has gone bust, you can pursue the credit card provider. The Killer Fact: Even if you only paid for a small part of the price of the goods with your credit card, the provider is still liable. But bear in mind that the act only applies to single items worth more than £100, not five items of £20.
SUPPLY OF GOODS AND SERVICES ACT
The Headline: Services are like goods.
The Scenario: The garage repairs your car. You get it out on the road and three days later the same fault crops up again. The garage refuses to redo the work or compensate you, saying it`s all a matter of opinion. This car is broken. But whose fault is it?
The Truth: "[The act] does the same for services as the Sale of Goods Act does, The service provided has got to be provided with reasonable skill and care. The goods bit means the widget has got to be of satisfactory quality.' In essence, you have rights to put the bad service right. Either the offending persons must do it, or they must pay for someone else to do it. Where it applies: England, Wales and Northern Ireland are all covered, but common law in Scotland gives similar rights to the consumer.



This resource was uploaded by: Lisa