This is a vital term. This is also important that the contract is invalid if these terms are not met. For example you buy a Nokia 7210 you would expect it come with a cover for the mobile and a battery. If these terms are not met then you can reject the contract and claim damages. Warranty This is a term of less importance. If you 7210 does not come with a Sim card even though this was part of the contract and you ordered one this would be classified as Warranty. So you would not reject the contract but claim damages for the 7210 so that you pay a lower price for the Nokia 7210. Exclusion Clauses Introduction
The law is really strict on exclusion clauses that it made the Unfair Contract Terms Act 1977 which prevents retailers from limiting or taking away a customer’s legal rights under the sales of Goods Act. For example, a retailer who tries to do this through a notice in the shop or statement in a contract or other document is guilty of a criminal offence. The only times the Exclusion Clauses are valid are when they are considered ‘fair and reasonable’. If a Mobile Mechanic loses your mobile phone, the mechanic would have to prove it took reasonable care of the goods and could not be held responsible for what occurred.
If the loss or damage was through an employee (worker) then you would be entitled to compensation. Ending a Contract A contract is ended by: 1. Performance- this is when you buy article pay for it and walk out the shop with it. 2. By Agreement by both parties. This is when you return goods to a shop and the retailer accepts their return and refunds your money. 3. By Breach. This is when one party of the contract does not carry out his/her part of agreement. Government Acts Introduction The five Government Acts were set up to protect both retailers and customers in any sense of innocence.
The 5 Government Acts are: The Sales of Goods Act 1979 and 1995 It has been amended 3 times since it was first passed. It states that all goods must be: 1. As described- Must meet description. 2. Of satisfactory quality. It has to be worth its price. 3. Fit for the purpose for which it is intended. It has to do what it says it does. 4. Fit for any specific purpose which the buyer has made clear to the seller. Must be what the buyer asked in detail. The Supply of Goods Act 1982 This act states it: 1. Ensures that all work is carried out within a reasonable time scale. 2.
Ensures that you pay a reasonable charge. Standard price. 3. Ensures reasonable target skills. Eg. The electrician is qualified to be an electrician. 4. Ensures the person carrying out the work uses satisfactory material. The Consumer Protection Act 1987 This relates to price and safety. Under this act it is an offence to: 1. Mislead consumers about the price of goods, services, accommodations or facilities. 2. Mislead Consumers over the sale prices and claim exaggerated price reductions. 3. Supply goods which are not reasonably safe. 4. This Act is enforced by the Trading Standard Offices.
Trade Descriptions Act 1968 Designed to prevent the false on misleading description of goods. Examples: 1. Selling goods which are wrongly described by the manufacturer. 2. Implied Descriptions, Eg: A picture on a box which gives a false impression. 3. Other aspects of the goods, including quantity, size, composition methods of Manufacturer. Consumer Credit Act 1974 1. If you have signed a credit agreement and you want to cancel it you can do so within a certain period of time as long as you did not make the deal over the phone and you did not sign the agreement at the seller’s shop, office or workplace.
Therefore if you signed the agreement in your own home you will be able to cancel after you have signed the agreement. 2. A creditor (the one who provides credit) cannot demand early payment, try to get the goods back or end the agreement without first serving a written notice on you giving you 7 days notice of their intention to take such action. The notice has to be written in a particular way. If you receive a notice you should get legal advice to check that it is a proper notice. The notice should contain the following;
The notice should say how much should be paid to bring payments up to date. When payments should be made. What will happen if payments are not made? How the agreement can be brought to an end and that if payments are made the agreement will not be brought to an end. 3. If you have paid a third of the total price of the goods under a HP agreement then the creditor cannot take the goods back without first getting a court order. Even if they apply for a court order you can ask the court to suspend the “Return Order” and accept your offer to pay the outstanding amounts by instalments.
If you do not agree and the creditor has not got a court order, but takes the goods back anyway you can sue the creditor and claim back all the money you have paid under the agreement. The creditor cannot enter your premises to repossess the goods without your permission or without a court order. 4. If a credit agreement is unfair then you can apply to the court and ask them to look at the agreement and put in place a new agreement or alter the old one. However, the court will only do this if it can be shown that the agreement is “extortionate”(a very high price).
Regulators and commonly known as Watchdogs. They aim to obtain quality and value for money. They independently operated and are appointed by the government to oversee different companies. They offer local companies such as Oftel and other Utility Companies. There are regulators for most industries and each of them has their own objectives. Criminal Law A criminal is an individual who has committed an action against the interests of Society. For example it is an offence to steal, rape, kidnap, drug deal, Speed on main road and to murder.
The case is either tried in a Magistrate’s court before a judge and jury or at a police station on a sheriff’s court in Scotland. Civil Law This is concerned with the relationships between individuals and companies. In this case individuals bring civil action against each other. To bring this action there must be 2 factors: 1. Loss or damage 2. Must be legal obligation owed to the party bringing the action. The action will normally be started in a county court by the aggrieved known as the claimant.