Unit 21 - P6
After purchasing an item there are laws and legislation that protect you as a consumer, specifically the “Sale of Goods Act, 1979” and “Sale of Goods and Services, 1982”.
In this situation the seller has sold a phone which does not meet the standards set out by the legislation of the Sale of Goods Act 1979 and Sale of Good and Services Act 1982. The first problem with the product was: * The phone did not match the model you saw on display in the store or the picture on the box
In this case the customer purchased a phone; however the product they received was not the one displayed nor was it the one on the box. Both the display model and the picture on the packaging are forms of description and so Section 13 of SOGA applies. Section 13 of the Sales of Goods Act covers sale by description:
“s.13.1 provides that where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.”
According to this legislation, the consumer is protected by law if the product they bought does not match the one that was described or shown to them, as in the case of Acros v Ranaason [1933]:
“A contract for the sale of a quantity of wooden staves for making barrels described the staves as being 1/2 an inch thick. Some of the staves delivered were not 1/2 an inch thick but very slightly out. There was nothing wrong with the quality of the wood and they could still be used for the intended purpose of making barrels. The buyer rejected the goods as the price of wood had fallen and he could purchase them cheaper elsewhere.”
The findings of the court were:
“The purchasers were entitled to reject the goods under s.13 as they were not as described.”
The next problem with the item was: * The screen was slightly damaged when you first took it out of the box.
The seller has a duty to provide goods