Podcast
Questions and Answers
What is the primary responsibility of the seller if goods are found to be defective?
What is the primary responsibility of the seller if goods are found to be defective?
What does 'merchantable quality' imply about the goods sold or hired?
What does 'merchantable quality' imply about the goods sold or hired?
If a buyer purchases goods based on a sample, what is expected of the seller?
If a buyer purchases goods based on a sample, what is expected of the seller?
What is indicated by the Consumer Information Act 2007 regarding trade descriptions?
What is indicated by the Consumer Information Act 2007 regarding trade descriptions?
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What must a supplier demonstrate when providing a service under the Sale of Goods and Supply of Services Act?
What must a supplier demonstrate when providing a service under the Sale of Goods and Supply of Services Act?
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In the context of a guarantee (warranty), what is its effect on the legal rights of consumers under the Act?
In the context of a guarantee (warranty), what is its effect on the legal rights of consumers under the Act?
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What aspect of service delivery is crucial according to the Sale of Goods and Supply of Services Act?
What aspect of service delivery is crucial according to the Sale of Goods and Supply of Services Act?
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What can a consumer do if they have a valid complaint about a product under the Sale of Goods and Supply of Services Act?
What can a consumer do if they have a valid complaint about a product under the Sale of Goods and Supply of Services Act?
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Study Notes
Legislative Conflict Resolution
- Focuses on marketplace/consumer disputes.
- Different acts, like the Sale of Goods & Supply of Services Act 1980, exist to protect consumers.
- Consumers can utilize legislation when disputes aren't resolved between retailers and themselves.
The Sale of Goods and Supply of Services Act 1980
- This act is designed to safeguard consumer rights.
- In unresolved retailer/consumer disputes, the act provides a resolution avenue.
- Seller responsibility for repairs, even if the manufacturer is at fault.
- Goods must be of merchantable quality, i.e., suitable for their intended purpose.
- Goods are required to meet the description specified.
Main Points of the Act
- A defective product's repair is the seller's responsibility even if it's the manufacturer's fault.
- Merchantability: The product must satisfy the standards expected of its type and price.
- "Fit for Purpose:" The item should function as intended either commonly, or for purposes communicated to the buyer.
- "As Described:" Items must match the seller's description.
- "Conform to Sample:" The product must be identical to a pre-shown sample.
Buyer Rights Against Sellers
- Buyer rights against sellers are detailed.
- Third-party involvement (e.g., gifts) are addressed.
- Seller responsibility for correcting errors is outlined.
- Process impacts of returns are discussed.
- Changing one's mind regarding a purchase is examined.
No Refunds
- "No Refunds" policies are mentioned.
- Guarantees have no bearing on legal consumer rights.
Services
- Supplier skill & care/diligence are crucial for services.
- Quality standards for services.
- Material quality is key to satisfactory service provision.
Consumer Information Act 2007
- Aims to resolve disputes from misleading information.
- False trade descriptions are prohibited.
- Misleading information about products is an offence.
- Honest and truthful advertising practices are legally required.
- Sale prices must accurately reflect prior advertisements from at least 28 consecutive days.
Competition & Consumer Protection Commission (CCPC)
- This body enforces consumer protection regulations.
- It provides information to consumers.
- It also advocates for high standards within businesses.
- This body promotes best practice and avoids intervention in individual consumer complaints.
The Director of Consumer Affairs
- The Office implements the 2007 Consumer Information Act.
- Supports sale legislation (1980 Act), promoting good standards.
- Does not handle individual complaints.
The Small Claims Court
- Deals with small claims (up to €2,000).
- Provides a quick and affordable dispute resolution method for private sales.
- Avoids solicitor involvement in most situations.
Other Actors
- Consumer Association of Ireland (CAI)
- These bodies provide support to consumers and help to enforce relevant legislation.
Consumer Protection Act 2007 (misleading info)
- The legislation covers price display and accurate information.
- The Act enforces standards relating to information on products.
- Enforcement mechanisms ensure compliance with the Act’s provisions.
Questions and Potential Scenarios (Page 5)
- Third-party involvement
- Corrective action by sellers
- Impact of return timeframes
- Consumer right to change their mind.
Exam Questions and Answers
- Examination details and specific instructions or answers.
- Act 2007 specifics such as legislation, regulations and enforcement mechanisms are included.
- Function and role of other organizations like the Office of the Ombudsman and the Small Claims Court are noted.
- Information about the role of the National Consumer Agency (NCA) is also noted.
- Consumer rights regarding the Sale of Goods and Services Act of 1980.
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