Statutory Regulations on Consumer rights Essay Example | Topics and Well Written Essays - 1750 words

Statutory Regulations on Consumer rights - Essay Example The various legislations related to the consumer law protect the rights of a person as a consumer, whether it is of dispute regarding the sale and purchase of the goods/services, or it is of dispute regarding the quality of the goods. As a consumer, a person's rights are expressed as a series of "guarantees" that a seller automatically makes to you when you buy any good or service ordinarily purchased for personal use. These dictums manifest there always exist an agreement in between the seller and buyer/consumer while entering in a transaction. The parties to commercial contracts were considered to be themselves the best judges of what obligations should be imposed. For the most part the legislation was drafted from the buyer's perspective, and the legislation seems generally to prefer the interests of buyers. But some provision of the sale of goods legislations(1) does not impinge greatly on party autonomy like the Sale of Goods Act 1893 (UK). Even though the buyer enjoys such privileges, the law always ponders to lay down some provisions to regulate the consumer civil rights, amidst of numerous issues regarding the magnitude of the enhancement of such provisions. The provisions regarding the consumer's rights against the seller under sales law are to be found in the Sale of Goods A... The provisions regarding the consumer's rights against the seller under sales law are to be found in the Sale of Goods Act 1979, which is the derived version of Sale of goods Act 1863, as amended by the Sale and Supply of Goods Act 1994. Sections 12-15 of the Act lays down some implied terms into contracts for the sale of goods relating to title, conformity with description and sample, quality and fitness. The consumer's basic remedies are rejection of the goods and/or damages. The Supply of Goods (Implied Terms) Act 1973 and the Unfair Contract Terms Act 1977 implemented recommendations for the control of clauses purporting to restrict or exclude liability under the implied terms as to title, correspondence with description, fitness etc. The Sale and Supply of Goods Act 1994 implemented recommendations relating to the reformulation of the implied term as to merchantable quality , making it clear that it applies to minor defects and covers durability of goods.(2) ------------------------------------------------------------------------------------------------------------2. Carter, J. W. (1993) Party Autonomy and Statutory Regulation: Sale of Goods Commentary on rights of Termination, Journal of Contract Law and rejection: Impact of the CISG on Australian, English and Canadian law, 93-122 3. Select Committee on European Communities, (1997) Tenth Report, www.parliment.uk 3 The recent statutes extend the protection not only to individual consumers but to business entities also. Unfair Terms in Consumer Contracts Regulations 1994(4) provides that they apply to any term in a contract concluded between sellers or supplier and a consumer where the said term has not been individually