1. 05/04/2019
CHAPTER 7
THE CONSUMER
This is the Title Slide
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2. The Consumer
A 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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3. Contracts A 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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4. A Contract A contract is only valid when: One party makes an offer
Another party accepts that offer
There is consideration, i.e. each of the parties gets something of value, e.g. money or goods
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5. 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:
That the seller has title to the goods
That the goods are of merchantable quality
That the goods are fit for purpose
That the goods supplied are as described
That services are carried out by suitably qualified people
That parts supplied during a service are of merchantable quality
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6. The Consumer Protection Act 2007
There are four elements to this act
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
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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7. The Consumer Protection Act 2007
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
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8. The 3 Rs of Consumers’ rights
A refund
A repair
A replacement
Note: The seller can’t force a buyer to accept a credit note in exchange for faulty goods
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9. The Nine Elements in a Letter of Complaint
The sender’s (writer’s) contact details
The date of letter
The name and address of person to whom the letter is being sent
A salutation
The details of the product purchased
The nature of the complaint
A reminder to the seller of the of legal requirements
The resolution required by the buyer
Closure (your name and signature)
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10. Consumer Organisations
The Small claims Court
The Consumers’ Association of Ireland
The State Ombudsman
The Financial Services Ombudsman
The insurance Ombudsman
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