ASSESSMENT TASK 1

Case Study 01
Question 1
Define a consumer sale.
Answer
Contract of sales of goods meaning is there may be a valid contract with between two parties one
part is owner and another. Where by the seller agrees to transfer the property in goods to buyer
for money consideration it’s called Price. Consumer selling is a transaction in which products are
sold for personal use in the traditional manner. A contract of sale should be absolute or
conditional. When the property in goods in passed from the seller to buyer the contract is called a
Sale.

List the implied terms and identify and explain which implied terms are
relevant to Mary’s situation.
Question 2

Answer

 Section 12 of the SOG act 1979 on implied terms as to title.

 Section 13 of the SOG act 1979 on implied terms as to description.
 Section 14 of the SOG act 1979 on implied terms as to quality and fitness
A. Merchantable Quality.
B. Fit for the purpose.
 Section 15 of the SOG act 1979 on implied terms as to sale by sample.

According to this case study. Mary bought a tumble dryer. About two months later, the dryer
caught fire, because of the appliance cause it to short circuit. With the result that it completely
destroyed Maty’s newly fitted kitchen. But there was not of the merchantable quality.
Merchantable quality means as fit for the purpose or purpose for which goods of that kind are
commonly bought as it is reasonable to expect having regard to any description applied to them.
Merchantable quality applies if the purchase of good with a reasonable inspection. (Shine v
general guarantee finance company ltd 1988 all E.R 911).

But also in this section, the general rule is, when a buyer purchases any article, he must take the
risk as to quality or fitness for a particular purpose in respect of that article. It is called ‘buyer
beware’.
Question 3

What legal action, if any, can Charlie pursue as a result of the injuries
that he has suffered?

Answer

Charlie could sue the retailer who sold the product under Section 14 of the Sales Of Goods act
1979 (UK) on Implied terms as to quality and fitness been not fit for the purpose and get the
compensation as suggested through a court of law.
This act provides that subject to express provisions of it, the rules of English law will apply to
the Sales Of Goods. And in this case Charlie can get action against seller under remedy for
breach of warranty Charlie could take legal action against the seller for the damages cause.
Also they can use in this case consumer protection act 1987 (UK).Charlie can recover damages
compensation under the act for death, personal injury and damages to private property (provided
the loss or damage is euro250 or more).

Question 4
Explain whether the store will be able to rely on this clause to escape any
potential liability to Mary.
Answer
No, they cannot evade a violation of an implied term of a consumer sale by using a clause based
on the consumer protection act 1987 (UK) the court declares that the seller cannot be excused
from their duty and that they must compensate the damages of the customer. If you have been
harmed by a defective product, the consumer protection act 1987 may allow you to sue the
supplier in strict liability.
In this Mary’s case she can claimed the damagers for her property under the consumer protection
Act 1987 (UK). The compensation cost can be covered if she has bought it from a whole seller
and he could sue the whole seller who he bought it from for compensations.
Case Study 02
Question 01
Advise Dave as to whether he has any legal remedy in this situation.

Answer
According to this case Dave worked under the consumer credit Act 1974 is an act of the
parliament of the United Kingdom, which significantly reformed the low relating to consumer
credit with in UK. Section 75 of the consumer credit act 1974 an opportunity is running out and
Dave can Sunshine Airlines Further, there are creditors under section 75 consumer credit Act
1974.
Prior to the consumer credit Act, legislation covering consumer credit was slapdash and focused
on particular areas rather than consumer credit as a whole such as money tenders and hire
purchase agreements.