Friday, June 21, 2019

Consumer Law Essay Example | Topics and Well Written Essays - 3000 words - 1

Consumer Law - Essay ExampleSince D-I-Y is in the business of selling post improvement products, there is an implied condition that the varnish supplied is of satisfactory quality, especially since it is an in-house product.Was the varnish of satisfactory quality? There be two factors that would appear to indicate that it was not. Firstly, goods argon deemed to be satisfactory if they meet the standard that a reasonable person would regard as satisfactory.taking into account all other relevant circumstances.2In the consequence of Dcor Shine the instructions on the tins indicate that the product is suitable for use on all types of wood. But this is not the case the product is not suitable for use on very old wood since it causes shrinkage. Therefore the description that has been used for the product is false and akin to misrepresentation3 and cannot be said to be the kind of goods that Alf intended to buy. In the case of Reardon Smith v Hansen Tangen4, Lord Diplock clearly highlig hted grounds that could exist for breach of contract by means of lack of identification of the goods being purchasedAlf intends to buy varnish for treating old wood, Dcor Shine is not suitable for use on old wood, yet the grade implies that it is, therefore the description of the product is inaccurate they are not fit for the purpose for which Alf intends to use them.6 The statutory test to determine the merchantable quality of goods is that they are fit for the purpose that they are to be used8.Secondly, there is another factor impacting upon the satisfactory nature of the product - it contains no instructions that it should be used in well ventilated conditions, a statutory warning that would normally be included with these types of products and which a buyer has a right to expect. Since Dcor Shine is in the business of supplying building products, there is an implied condition that the goods being supplied are of satisfactory

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