CONSUMER LAW

Consumer Law

Consumer Law

Scenario 01

Alan recently moved into a new house. The previous owners had two cats which had repeatedly gone to the toilet on the hall carpet, leaving an unpleasant smell. Alan decided to replace the carpet with high-quality linoleum. He went to the flooring department in Hommands in Hull city centre, where he explained to Belinda, the adviser in that department, that he wanted a durable linoleum floor covering. After some discussion, Belinda recommended a Century Lino product, which Alan decided to buy. It was agreed that Hommands would deliver and fit the new floor covering a fortnight later. This did happen, and the fitters took great care in laying the linoleum over hardboard sheets which they had put down over the existing floor boards to give a smooth surface.

A few weeks later, however, Alan noticed that there were several tears in the linoleum, and returned to Hommands to complain about this. Belinda said that Alan must have scratched the floor with something sharp and that, in any event, Hommands would not accept any responsibility for problems drawn to their attention more than 7 days after fitting. Alan has denied that he has caused the problem and has asked for either his money back, or for the floor covering to be replaced.

Analysis

Laws

Alan has the right to expect certain standards in the Lino he buy. The protection of consumer interests is an area of developing importance within the European Union; under Article 153 of the Treaty, the Community shall promote consumer interests and ensure a high level of consumer protection. The law says that good must be:

Of satisfactory quality - This covers, for example, the appearance and finish of Lino, their safety and durability. Lino must be free from defects, usually even minor ones, except when they have been brought to your attention by the seller. For example, if the Lino are said to be shop soiled or you examined the Lino and should have noticed the defects; (Alperin 2001:10)

Fit for their purposes, including any particular purpose mentioned by you to the seller - if you tell the seller that you want boots fit for mountain climbing, that is what you should get; (Rylands v. Fletcher (1866) LR 1 Exch 265)

As described - On the package or display sign, or by the seller. If you are told that a jumper is 100% cotton it should not turn out to have acrylic in it. (Rylands v. Fletcher (1866) LR 1 Exch 265)

These are your statutory rights. All Lino bought or hired from a trader - from a shop, street market, catalogue or doorstep seller - are covered by these rights. This includes Lino bought in sales.

Discussion

If there is something wrong with Lino Alan has bought, tell the seller as soon as you can. If he cannot get back to the shop quickly, telephone to explain the problem.

Under Article 153 of the Treaty; If he tells the seller promptly that the Lino is faulty and ...