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SmartLaw
Consumer Law

2. Lesson Objectives Know what a contract is and how one is made.
Consumer Law
Lesson Objectives
Know what a contract is and how one is made.
Understand your consumer rights.
Understand what to do if you have a problem with consumer goods.
Be able to hold conversations about consumer rights.
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3. + What is a Contract? Acceptance Offer
Consumer Law
What is a Contract?
Offer
Acceptance +
It sounds straightforward, but have a look at the following cases…
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4. Fisher v Bell [1961] Consumer Law
A flick knife is on display in a shop with a price tag attached.
Is this a contract?
Was an offer and an acceptance made?
No! There was no offer, only an invitation to make an offer. The customer is the one who makes the offer.
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5. Carlill v Carbolic Smoke Ball Co [1893]
Consumer Law
Carlill v Carbolic Smoke Ball Co [1893]
A reward was offered to anyone who became ill after using a herbal remedy for a cold.
Mrs C. used the remedy and she still became sick. She tried to claim the reward.
Is this a contract?
Was an offer and an acceptance made?
Yes! The reward was an offer of a contract and Mrs C accepted it by fulfilling the conditions (by using the remedy but still getting sick).
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6. Felthouse v Bindley [1862] Consumer Law
A nephew discussed buying a horse from his uncle. He offered to buy the horse and said, “If I don't hear from you by the weekend, I’ll consider him mine.” The uncle didn’t say anything.
The horse was later sold by mistake at auction. The auctioneer had been asked not to sell it but had forgotten.
Is this a contract?
Was an offer and an acceptance made?
No! No acceptance, a contract cannot be accepted by silence. The uncle did not say anything to his nephew.
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7. Contracts and Consumer Protection
Consumer Law
Contracts and Consumer Protection
When you are in a shop buying something, the contract is between you, ‘The Consumer’ and the shop, ‘The Seller’.
If a contract exists then the consumer (the buyer) gets lots of legal rights to ensure that they get what they paid for. These rights are known as Consumer Protection.
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8. Contracts and Consumer Protection
Consumer Law
Contracts and Consumer Protection
Get ready to consider the following situations….
Use the hints on your sheet to help you.
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9. C You have no legal rights
Consumer Law
Consumer Rights Quiz
You bought a pair of jeans last week but discovered when you got home that they were the wrong size. You want to take them back.
What can you get?
The shop doesn’t have to take the jeans back. Many shops do but they are under no legal obligation to do so. If you simply change your mind you have no legal rights.
A A refund
B An exchange
C You have no legal rights
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10. A You can demand a refund
Consumer Law
Consumer Rights Quiz
You purchased a TV yesterday, but when you installed it at home, it didn’t work. You return it with a receipt to the shop. The staff agree that
it’s faulty but say you have to accept a repair.
What are your rights?
Where an item is faulty, as long as you return it within 30 days, you are entitled to a full refund.
A You can demand a refund
B You are only entitled to a repair
C You will have to pay for a repair
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11. B Last for at least six months
Consumer Law
Consumer Rights Quiz
Any goods you buy must...
Under the Consumer Rights Act 2015 any goods that you buy must match these three criteria. A
Be satisfactory quality, fit for purpose and as described
B Last for at least six months
C Come with a manufacturer’s guarantee
Under the Consumer Rights Act 2015, any goods that you buy must match these three criteria. They also have to be the seller’s to sell.
Many new goods will be sold with a free one year warranty, but this isn't a legal obligation.
All of the above
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12. A Insist on purchasing it at 70p
Consumer Law
Consumer Rights Quiz
You see a bottle of water priced at 70p, but at the till the manager says it was wrongly priced and is really £1.20.
What can you do?
Although many shops might sell the water at the lower marked price (to keep the customer happy so they will later return), they are not obliged to do so in these circumstances.
A Insist on purchasing it at 70p
B You would have to pay £1.20
In terms of contract law, the shop is not legally bound to accept the offer of 70p; if you want the water you must pay the price they offer it to you at.
Consider
Is this is fair?
If the shop had to sell at the lower price, what might an unscrupulous customer do? C
You are entitled to the water free of charge because of the mistake
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13. Consumer Rights Quiz A B Consumer Law Is this correct?
For the first six months after purchase it is up to the retailer to prove there was nothing wrong with the item if they wish to get out of repairing or exchanging it. After six months, the consumer must prove that there was something wrong with the iPhone.
You bought an iPhone five months ago and now it doesn’t work. You return it to the retailer who says you must have misused it and that you need a report to prove that it’s faulty before he has to do anything.
Is this correct?
Yes, if the seller disputes that the goods are faulty it is up to the buyer to prove it A
This duty upon the retailer lasts even if the retailer says that you are out of their one-year guarantee and have no rights. This is because ‘satisfactory quality’ means goods must last for a reasonable length of time.
How long an item must last depends on what it is. If a light bulb only lasts 13 months that may be alright, but if a washing machine broke after 13 months that would not be acceptable.
Consider
Q If you can get a repair/exchange after the retailer’s one-year guarantee runs out, why do people pay extra to get ‘extended warranties’?
A They may be useful for electronic goods if they include extra technical support and the loan of a machine whilst yours is getting fixed, which you wouldn’t otherwise get.
For the first six months there is a presumption that the goods are faulty B
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14. B You are entitled to a credit note
Consumer Law
Consumer Rights Quiz
You bought a pair of shoes in the January sales at a reduced price but the first time you wear them the sole falls off.
What are your rights?
You have the same legal rights to return items bought in a sale as you would at any other time. The only exception would be where a fault has been pointed out to you at the time of sale. A
You don’t have any rights on sale items
B You are entitled to a credit note C
You have the same rights as for full price goods
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15. Consumer Rights Quiz A B C Consumer Law What rights do you have?
You buy a CD on Amazon, but it doesn’t arrive.
What rights do you have?
Your rights when buying goods over the internet are the same as when buying goods in person PROVIDED that the seller is based in the UK.
You have the same rights as if you had bought it from a high street shop A B
You have different rights because you bought the CD over the internet C
You have no rights because you bought the CD over the internet
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16. A You have the same rights
Consumer Law
Consumer Rights Quiz
You buy a second-hand bike from your neighbour.
Do you have the same rights as if you had bought it new?
If you buy something second-hand from a shop or trader you have the same legal rights as buying new goods.
However, if you buy something privately (either new or second-hand) you have much less protection.
A You have the same rights
B You have fewer rights
If you buy something privately (either new or second-hand) you have much less protection. The only legal requirement is that the goods match the description. For example, if you are told that the bike has never been in an accident, you have no claim if the bike simply breaks a week after you buy it. You are only entitled to get your money back if you find signs that the bike had previously been in an accident.
C You have no rights
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17. A You can demand a refund
Consumer Law
Consumer Rights Quiz
While you are entitled to digital content of satisfactory quality, the standard is an objective one and does not include your personal judgment of the value of the content.
You purchased a video game from an online website but decided it was not fun to play and want to get your money back.
What are your rights?
A You can demand a refund B
You can trade the game in for another one on the website C
You are not entitled to a refund or exchange
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18. Consumer Rights Quiz A B Consumer Law What are your rights?
You tried a display computer at an electronics shop and purchased that model. You received a boxed computer from the stockroom, but when you arrived home you realised it was installed with a different operating system.
What are your rights?
When you buy a product after having viewed a display model, you are entitled to have the delivered model match the display.
You can demand a refund or exchange at the store A
You are not entitled to a refund or exchange B
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19. Consumer Law
You bought a digital camera from a shop. You only used it a couple of times before it broke…
Complete the activity in pairs to test your problem solving abilities!
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20. Role Play: What Happens Next?
Consumer Law
Role Play: What Happens Next?
Success criteria
You must be confident and communicate clearly
You need to be able to think on your feet and respond to each other
The customer should try their best to get a full refund
The assistant should try their best to avoid giving a refund or having to re-do anything
Read through your scenario.
One of you will be the customer and one will be the shop assistant.
Your task is to continue their conversation.
Improvise and work out how to arrive at the best outcome.
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21. ? Questions to Consider Consumer Law
Customers, how difficult did you find enforcing your consumer rights to get what you were entitled to from the assistant?
Assistants, how difficult did you find it trying to avoid giving the customer a refund?
Do you think the customer in your scenario was legally entitled to a refund or exchange? Why or why not?
What sort of skills do you think you need to be able to get what you want in situations like this? ?
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22. Test you learning in this Consumer Law Quiz?
Test you learning in this Consumer Law Quiz
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23. Plenary Consumer Law What surprised you most from today’s session?
What have you most agreed/disagreed with?
What steps would you take if you found yourself in some of the situations we have been looking at?
Is it important that people are aware of their consumer rights? Why?
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