Consumer law Essay Example | Topics and Well Written Essays - 1500 words

Consumer law - Essay Examplemore so, goods and products sold in the course of business operations are required to be of sellable quality.3 range another way, goods should be satisfactory so that they fit for the purposes for which they are purchased and the consumer is at liberty to anticipate that goods purchased are satisfactory and fit for the purposes for which they are sold and purchased.4 ground on the change of Goods scrap 1979, Irman has a direct claim against Helen for the damages sustained to his studies. This is so because, the computer had a defect and therefore was not of merchantable quality. Even so, Helens liability also falls under the Consumer Protection Act 1987 which incorporates Council Directive 85/374/EEC, 1985.5 The Directives position with respect to manufacturers and distributors is line up to strict liability.6 Under the directive a defective product is defined as a product whichUnder Section 2 of the Consumer Protection Act 1987, the French company im porting the customer is liable to both Imran and his friend. This is so because under Section 2 when a product is manufactured outside of the EU, the soul or party importing the defective product into the EU is strictly liable for any damages resulting from any defect in that product.8 While Imran, the emptor of the defective computer, by virtue of the doctrine of privity of contract may pursue a claim in damages for breach of contract under the Sale of Goods Act 1979 against Helen, the vendor of the goods, Imrans friend has a problem in contract. Imrans friend does not have a contract with Helen, the vendor. His claim depart fall under the law of tort.Under the common law principles following the decision in Donoghue v Stevenson the neighbour principle imposes a duty on the manufacturers and/or distributors of goods not to injure or to prevent injury to all persons that an individual ought to have in his or her contemplation.9 Under the Consumer Protection Act 1987 together wit h the