BUSINESS LAW

Case Study: Chip Pans Up in Smoke



Case Study: Chip Pans Up in Smoke

Introduction

The Sale of Goods Act guarantees the automatic application of implied terms which correspond to the legitimate expectations of a party but which are not mentioned in the contract. These implied terms apply regardless of the will of the parties concerned including the buyer's legitimate belief in the ability of the vendor, compliance with its description of the property prior opportunity to make the intended use, quality the property sold (Lawrence, 2004, 575). This legislation is important because it helps protect the parties 'weak'. Under French law it would correspond to guarantees against defects of consent such as error and fraud, or the existence of an issue in the contract. In this paper we are going to analyze a case related to Tefal Actifry which blowing out smoke, sparks and even catching fire.

Question 1

One of the basic consumer safeguards at European level is the ability to sue a company based in another EU country in the consumer's jurisdiction. At the end of the day, the single market to be truly effective must not only facilitate the free movement of goods but also consumer protection and user in cases of fraud or deception. According to sales of goods act Price Paul had following rights (Goode, 2010, 120):

The right to safety.

Right to be informed fairly.

The right to choose freely.

Right to compensation if there has been damage resulting from the performance of the business and product.

The right to maintain an environment to live and work without contamination.

These rights are basic to a free market economy to develop normally, so that consumers are free to exercise those rights to those who did not curb their rights and encourage people to turn to if they do.

Consumer protection is not merely one of the means of accomplishing an internal 'frontier-free' market: it now exists in its own right. In an effort to bring European Consumer Law closer to the citizens, the Commission has laid down some basic principles. With most of these, we are familiar: buy what you want, where you want; if it does not work, send it back; know what you are eating; protection while on holiday; consumers should not be misled, and sometimes consumers change their mind. Comparing prices should be easy, contracts should be fair to consumers, and effective redress should be available in cross-border disputes. Apparently, this basic list leads Consumer Law back to the consumer (Richards, 2006, 23). Sales of goods act consists of individual pieces of legislation, whose number has increased over the course of many years under disparate political conditions; it lacks encompassing notions and structures, except - and up to a point - in specific categories, for instance in the case of the concept of 'consumer'. The exact definition of 'consumer' is unclear.

Question 2

Dave and Sandra can get compensation for their loss from the company under the tort law because Tort law is a law that deals with the reparation of ...