1. SmartLaw Resource Consumer Law ●
Explain that in today’s session you will be looking at the law concerning buying and selling goods and services. You will also explore some of your rights and responsibilities as a consumer.
Suggested timings are given as a loose guide. You should spend as long as you need and want on each activity, this will depend on your group’s needs, how well an activity is being received and the amount and level of discussion that is being generated. It is not necessary to complete all the activities in this lesson.
Use the ‘Consider’ questions to help generate and guide discussion with your class.
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
© Citizenship Foundation • Charity Reg. No

3. + What is a Contract? Acceptance Offer
Consumer Law
What is a Contract?
Offer
Acceptance +
Use slide 3 to explain to pupils that in order to make a contract there needs to be an offer and an acceptance of the offer. The following three slides contain real life examples, from these pupils have to work out whether a contract has been properly formed. You may ask pupils whether they are surprised by any of the answers.
Consider
Q: What impact do you think it has if a contract is formed?
A: Contracts confer specific rights and responsibilities on both parties.
Q: What legal rights do you think the consumer receives? (This will be seen in the rest of the lesson)
Next go through the real life cases on slides and ask the students if they think the examples contain a contract.
It sounds straightforward, but have a look at the following cases…
© Citizenship Foundation • Charity Reg. No

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.
Background: This case clarified the law concerning contracts, regarding the need for both an offer and acceptance to make a contract.
The case was brought to court as a shopkeeper had displayed an “Ejector Knife” which the prosecution argued was against the law under the Restriction of Offensive Weapons Act 1959 (which made it illegal to sell or offer for sale flick knives)
The defence argued successfully that the display was an “invitation to make an offer” only and not an offer for sale, so it was not illegal.
© Citizenship Foundation • Charity Reg. No

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).
© Citizenship Foundation • Charity Reg. No

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.
You may ask pupils whether they are surprised by any of these cases.
© Citizenship Foundation • Charity Reg. No

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.
© Citizenship Foundation • Charity Reg. No

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.
In this 10-question multiple choice quiz (slides ) pupils can vote as a class on the answers to the quiz questions by using worksheet 1 or by putting their hands up. Students can also use the hint sheet on worksheet 2.
© Citizenship Foundation • Charity Reg. No

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
Consider
Q If the shop doesn’t have to take the item back, why would they do it?
A They can sell it on again, customer will think of the shop positively and may be more likely to buy things from there in the future.
Q Do you think large chain stores or small independent shops are more likely to take things back when they don’t have to? Why?
A Large chains generally have more generous return policies as they often have a larger stock and can bear the costs better.
Q Imagine you ran a small shop and struggled to make enough money to pay your rent. What impact might people returning clothes have on your business?
A Reduces profits, hard to know how much money you have made if people could later return the item, you might not be able to re-sell the item.
C You have no legal rights
© Citizenship Foundation • Charity Reg. No

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
Consumers are entitled to a full refund because it is the responsibility of the retailer not to sell faulty goods.
C You will have to pay for a repair
© Citizenship Foundation • Charity Reg. No

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
© Citizenship Foundation • Charity Reg. No

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
© Citizenship Foundation • Charity Reg. No

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
© Citizenship Foundation • Charity Reg. No

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
© Citizenship Foundation • Charity Reg. No

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
If you buy goods over the internet, you also have a 14 day ‘cooling off’ period starting the day after you receive the goods, to return them if you change your mind.
Consider
Q What if the seller had been based in Spain?
A If the seller is based within the EU you have similar, but not identical rights
Q What if the seller had been based in China?
A If the seller is based outside the EU you have less protection
Q Do you think this is fair? Why/why not?
© Citizenship Foundation • Charity Reg. No

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
© Citizenship Foundation • Charity Reg. No

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
© Citizenship Foundation • Charity Reg. No

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
© Citizenship Foundation • Charity Reg. No

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!
To get pupils thinking about their consumer rights, ask them to pretend they have bought a brand new, expensive camera from a shop. They used it a couple of times, but then it broke. What should they do?
For this activity use worksheet 3 and 4. You may wish to cut up the 20 suggestion cards beforehand. Ask students to place the 20 cards (worksheet 3) onto the sentence starter grid (worksheet 4) in the most appropriate way. As an extension, ask students why they have made the decisions that they have, and ask them to consider the questions below.
Consider:
Q Why might it be a good idea to take an adult with you to the shop?
A They can give you support and advice, help you to put across your complaint, and protect you if the assistant or manager is rude. Shop assistants may take your complaint more seriously if you are with an adult
Q Why might it be a good idea to speak to the manager?
A They might have more power and the discretion to give you a refund.
Q Do you think getting angry would be an effective tactic? Why/why not?
A Being assertive and persistent is a better idea.
Q Why might you give up?
A To avoid hassle and time if the value of the goods is low.
Q Do you always need a receipt to return something?
A No. A seller doesn’t actually have to give you a receipt at the point of sale, so it would be unfair to require the consumer to always produce one.
Q How can you find out a shop’s return policy?
A By looking at the receipt, asking the customer enquiries desk or looking on the shop’s website.
© Citizenship Foundation • Charity Reg. No

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.
Tell the pupils they will be working in pairs to look at how to make a complaint about a faulty product in person.
The scenario cards are on worksheet 5. Each pair should have one scenario card to discuss and role play. Some students may wish to perform their role play to the class. Use the questions on slide 21 as an extension.
© Citizenship Foundation • Charity Reg. No

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?
© Citizenship Foundation • Charity Reg. No

22. Test you learning in this Consumer Law Quiz?
Test you learning in this Consumer Law Quiz
You may wish to consolidate pupils’ learning by using a Kahoot quiz with them. Click on the question mark in the slide or follow this link:
© Citizenship Foundation • Charity Reg. No

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?
Tweet us your most important piece of advice for using the hashtag #SmartLaw or leave a comment on our Facebook page, SmartLaw – Citizenship Foundation
© Citizenship Foundation • Charity Reg. No