CHAPTER 7 THE CONSUMER

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The ConsumerA consumer is a person

who buys goods and services for personal use

A trader buys goods to sell them.

A brand name is a unique name given to a product to distinguish it from similar products made by other companies, e.g. Esso and Dell

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ContractsA contract is a legally

binding agreement.Consideration is

something of value that passes between the parties to a contract.

Implied conditions are conditions that are not written into a contract but are legally deemed to be part of the contract.

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A Contract

A contract is only valid when:1. One party makes an offer2. Another party accepts that offer3. There is consideration, i.e. each of

the parties gets something of value, e.g. money or goods

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The Sale of goods and Supply of Services Act 1980 (The implied conditions)

This act states that, under any contract for the sale of goods, the buyer has the right to assume:

1. That the seller has title to the goods2. That the goods are of merchantable quality3. That the goods are fit for purpose4. That the goods supplied are as described5. That services are carried out by suitably

qualified people6. That parts supplied during a service are of

merchantable quality

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The Consumer Protection Act 2007 There are four elements to this act1. The act makes it an offence for any

manufacturer, retailer, service provider or advertiser to make a false or misleading claim about (i) goods, (ii) services and (iii) prices. It is also an offence to sell goods that bear a false or misleading description

2. The Consumer Protection Act brings into Irish law EU Directives on (a) unfair, (b) misleading or (c) aggressive commercial practices. These refer to any practices used by sellers that would result in people buying products that they would not buy under normal circumstances.

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3. The Directives ban the establishment, operation, promotion and participation in pyramid schemes.

4. It established the National Consumer Agency whose main functions are to:– promote and protect the interests and welfare of

consumers– enforce consumer laws– encourage sellers to comply with consumer laws– investigate suspected offences under consumer

laws– refer cases to the Director of Public Prosecutions

The Consumer Protection Act 2007

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The 3 Rs of Consumers’ rights

1. A refund2. A repair3. A replacementNote: The seller can’t force a buyer to

accept a credit note in exchange for faulty goods

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The Nine Elements in a Letter of Complaint

1. The sender’s (writer’s) contact details2. The date of letter3. The name and address of person to whom the

letter is being sent4. A salutation5. The details of the product purchased6. The nature of the complaint7. A reminder to the seller of the of legal

requirements8. The resolution required by the buyer9. Closure (your name and signature)

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Consumer Organisations

1. The Small claims Court2. The Consumers’ Association of Ireland3. The State Ombudsman4. The Financial Services Ombudsman5. The insurance Ombudsman