Unit 21 - P6
After purchasing an item there are laws and legislation that protect you as a consumer, specifically the “Sale of Goods Act, 1979” and “Sale of Goods and Services, 1982”.
In this situation the seller has sold a phone which does not meet the standards set out by the legislation of the Sale of Goods Act 1979 and Sale of Good and Services Act 1982. The first problem with the product was:
* The phone did not match the model you saw on display in the store or the picture on the box
In this case the customer purchased a phone; however the product they received was not the one displayed nor was it the one on the box. Both the display model and the picture on the packaging are ...view middle of the document...
In section 14.2B of the Sale of Goods Act it states:
“2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods…”
In this case the product was damaged, therefore 2B would come into effect and the consumer would have a claim against the seller. The product was clearly not in a good condition when the consumer received it. This was not brought to the attention of the buyer before the sale and so the courts would consider whether the consumer would still have bought the product if he had known it was damaged, as in the case of Shine V General Guarantee Corp .
There was a series of further problems with the operation of the phone, it was:
* Not able to make or receive calls periodically
* Not able to connect to the internet
* Not able to access the settings
* Switching itself off when making calls
All these criteria fall under the category of “(a) fitness for all the purposes for which goods of the kind in question are commonly supplied”
As long as the problems are caused by the phone and not the network or network provider, it is clear the phone itself is not fit for purpose as it would be reasonable to expect these functions work in the phone. After all, the principle function of a mobile...