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Essay / Research Paper Abstract
This 6 page paper considers the protection that is given to consumers under UK law when goods bought are unsafe. The paper looks at the Sale of Goods Act 1979 (as amended) and the Consumer Protection Act 1987. The bibliography cites 8 sources.
6 pages (~225 words per page)
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Unformatted sample text from the term paper:
not be. The power of a large company when compared to a single individual is one where there is inequality. For this reason the courts are prepared to imply terms
into a contract. This is undertaken equally to both consumers and businesses when there is a dispute, however, in consumer law we can argue that this is an area of
law that is very important and serves to protect the weaker party. The protection of the consumer against faulty or unsafe products principally comes form these implied terms, with the
most important being the The Sale of Goods Act 1979 (as amended). When looking at goods from the perspective of a consumer there are three way in which the
goods may be of poor quality, they may not be as they were described or they may not be fit for the purpose for which they were sold. Section
14 (2) of the Sale of goods act looks at the aspect of merchantable quality. Under this there is the implied terms that goods will be of merchantable quality, but
there are exception, such as where there are defects pointed out to the consumer, or where they have examined the goods and could be expected to have find the fault
(Rose, 2003, Card et al, 1998). It is worth noting that where there is no examination this later aspect will not apply (Card et al, 1998).
This is an important clause, as although no apparently immediately looking at unsafe goods, unsafe goods would not be of merchantable quality. The need for the
goods to be of amerceable quality is not only at purchase, but is also an ongoing term, for a period that would be deemed reasonable following the sale, after allowing