Business World Essay example
Looking at this situation from a lawyer’s perspective the consumer is protected, under the 1979 Soga Act, or in other words the Sale Of Goods act that …show more content…
-Sample (s 15) states that the bulk has to: correspond with the sample, in regards to quality, the buyer has a reasonable opportunity to compare the two and he is able to establish if they present defects or not.
Description, satisfactory quality and fit for purpose are the three implied terms that can’t be excluded from a sale of goods contract and that protect the consumers. There are additional rights of consumers, such as the right to require necessary repairs or replacement of the goods if they present damages or defects. The consumer also has the right to ask for a reduction of the purchase price and in some cases to ask the rescission of the contract.
Ellie Wharton, Tim Cumming and Rachel Davies’ June cases show there are significant instances in which Indexit has breached their contract by not adhering to section s14 and s15 as all three customers washing machines broke down during the spin cycle. However, in these cases the buyers only have the right to claim for damages and to treat the breach of conditions as a breach of warranty. This is however assuming that they have accepted the goods under the rules set out in s 35 relating to acceptance. Moreover, the right to reject a good is also lost when the seller can prove that