Consumer Law

Lesson Objectives Consumer Law 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. 2 © Young Citizens

+ What is a Contract? Offer Acceptance Consumer Law It sounds straightforward, but have a look at the following cases… 3 © Young Citizens

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. 4 © Young Citizens

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). 5 © Young Citizens

Felthouse v Bindley [1862] Consumer Law 6 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. 6 © Young Citizens

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. 7 © Young Citizens

Consumer Rights Quiz A A refund B An exchange 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 8 © Young Citizens

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 9 © Young Citizens

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 All of the above 10 © Young Citizens

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 C You are entitled to the water free of charge because of the mistake 11 © Young Citizens

Consumer Rights Quiz A B Consumer Law 12 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 For the first six months there is a presumption that the goods are faulty B 12 © Young Citizens

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 13 © Young Citizens

Consumer Rights Quiz A B C Consumer Law 14 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 14 © Young Citizens

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 C You have no rights 15 © Young Citizens

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 16 © Young Citizens

Consumer Rights Quiz A B Consumer Law 17 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 17 © Young Citizens

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. 18 © Young Citizens

? Questions to Consider Consumer Law 19 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? ? 19 © Young Citizens

Plenary Consumer Law 20 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? 20 © Young Citizens