Unit 21 P6 explain the law with respect to customer protection in given situations
Introduction
In this assignment I will be looing into three acts which
protect the customers in business trading situations.
When buying and hiring goods and services and form
misrepresentation. By each terms of the acts I will give
examples in certain situations.
Sale of goods 1979
This act applies to all types of customer contracts. A
contract of the Sales of Goods is defined as ‘’ A
contract of sale of goods is a contract whereby the
seller transfers, or agrees to transfer, the property in goods to the buyer for a
money consideration, called the "price", and there may be a contract of sale between one
part owner and another.’’ (he Office of the Legislative Counsel, Nova Scotia House of
Assembly, 1998) Only if the sale falls within these criteria, it is covered by this act. Within this
act there are certain standard terms, included in all sale of goods contracts:
- S12, The title. The seller needs to be entitled to pass the title to the buyer, thus the
good needs to belong to him. For example, when I go buy a second-hand car, the car
needs to belong to the person selling it to me. When the owner of the car is someone
else than the seller, the agreement is not valid.
- S13, a right description. Every sales of goods contract needs to consist of a description
with the right information about the good. For example, if I order a new pair of Levi’s
jeans and get the wrong size and colour send to me, I am entitled to send them back
and get the right ones or a refund. Levi’s is obligated to deliver the right pair to me, as
that is what they described when I was ordering them.
- S14, the goods are of satisfactory quality and fit for a particular purpose. The sold
goods need to be of a certain quality, that satisfies the customer, but doesn’t need to
be perfect. If there are ant defects, these need to be discussed before agreeing on the
contract. For example, if I’m going to buy a used car, and the seller shows and informs
me about the broken air conditioning. If I agreed on it and sign the contract the
product is mine and can’t sue the seller. The sold goods need to be safe, durable and
long lasting. The seller needs to be informed, if not earlier, how to use the sold good.
For example, when I’m going to get contact lenses for the first time, the optician
needs to inform me about the safety and the method of use.
- S15, sample under the Sale of Goods Act 1979. This one proves that : 1. The bulk will
correspond with the sample in quality. 2. The buyer will have a reasonable opportunity
of comparing the bulk with the sample. 3. The
goods will be free from any defect making quality
unsatisfactory which would not be apparent on
reasonable examination of the sample. For
example, when I want to have a new floor
installed, and I get a sample of the laminate. The
sample piece of the floor needs to be of the same
quality, but not already used or damaged, as the
Introduction
In this assignment I will be looing into three acts which
protect the customers in business trading situations.
When buying and hiring goods and services and form
misrepresentation. By each terms of the acts I will give
examples in certain situations.
Sale of goods 1979
This act applies to all types of customer contracts. A
contract of the Sales of Goods is defined as ‘’ A
contract of sale of goods is a contract whereby the
seller transfers, or agrees to transfer, the property in goods to the buyer for a
money consideration, called the "price", and there may be a contract of sale between one
part owner and another.’’ (he Office of the Legislative Counsel, Nova Scotia House of
Assembly, 1998) Only if the sale falls within these criteria, it is covered by this act. Within this
act there are certain standard terms, included in all sale of goods contracts:
- S12, The title. The seller needs to be entitled to pass the title to the buyer, thus the
good needs to belong to him. For example, when I go buy a second-hand car, the car
needs to belong to the person selling it to me. When the owner of the car is someone
else than the seller, the agreement is not valid.
- S13, a right description. Every sales of goods contract needs to consist of a description
with the right information about the good. For example, if I order a new pair of Levi’s
jeans and get the wrong size and colour send to me, I am entitled to send them back
and get the right ones or a refund. Levi’s is obligated to deliver the right pair to me, as
that is what they described when I was ordering them.
- S14, the goods are of satisfactory quality and fit for a particular purpose. The sold
goods need to be of a certain quality, that satisfies the customer, but doesn’t need to
be perfect. If there are ant defects, these need to be discussed before agreeing on the
contract. For example, if I’m going to buy a used car, and the seller shows and informs
me about the broken air conditioning. If I agreed on it and sign the contract the
product is mine and can’t sue the seller. The sold goods need to be safe, durable and
long lasting. The seller needs to be informed, if not earlier, how to use the sold good.
For example, when I’m going to get contact lenses for the first time, the optician
needs to inform me about the safety and the method of use.
- S15, sample under the Sale of Goods Act 1979. This one proves that : 1. The bulk will
correspond with the sample in quality. 2. The buyer will have a reasonable opportunity
of comparing the bulk with the sample. 3. The
goods will be free from any defect making quality
unsatisfactory which would not be apparent on
reasonable examination of the sample. For
example, when I want to have a new floor
installed, and I get a sample of the laminate. The
sample piece of the floor needs to be of the same
quality, but not already used or damaged, as the
