Photo AI
Illustrate the circumstances where retailers would be in breach of the Sale of Goods and Supply of Services Act 1980 - Leaving Cert Business - Question B - 2011
Question B
Illustrate the circumstances where retailers would be in breach of the Sale of Goods and Supply of Services Act 1980. Outline remedies available to consumers for br... show full transcript
Worked Solution & Example Answer:Illustrate the circumstances where retailers would be in breach of the Sale of Goods and Supply of Services Act 1980 - Leaving Cert Business - Question B - 2011
Step 1
Illustrate the circumstances where retailers would be in breach of the Sale of Goods and Supply of Services Act 1980.
Answer
The Sale of Goods and Supply of Services Act 1980 outlines several circumstances where retailers may be in breach of the law, particularly focusing on the quality and description of goods and services provided. Here are some key points:
Goods
- Merchantable Quality: If goods sold are not of a quality reasonable for their type, e.g., a defective electronic item that doesn’t function properly.
- Fit for the Purpose: If a retailer sells an item that is unsuitable for the intended use, such as a garment that is not suitable for the weather conditions stated.
- Correspond to the Description: If an item advertised does not match its description, for example, selling a product as 'new' when it is used or refurbished.
- Ownership and Quiet Possession: If the seller does not actually own the goods or cannot ensure that the buyer may use the goods without disruption or interference.
Services
- Supplier Skills: If the supplier lacks the necessary skills to provide the service.
- Due Diligence: If services provided lack appropriate care, resulting in damage or unsatisfactory results.
- Materials: If the materials used in the service are not sound or fit for purpose, compromising the service's integrity.
- Goods Provided: If the goods supplied as part of a service are not of merchantable quality.
Other Provisions
- Guarantees: If promised guarantees are not met, leading to consumer dissatisfaction.
- Motor Vehicles: If sales do not meet the required standards, leading to safety or functionality issues.
- Spare Parts: If the supplied parts do not meet the necessary functionality or compatibility requirements.
Step 2
Outline remedies available to consumers for breaches of the Act.
Answer
Consumers have several remedies available for breaches of the Sale of Goods and Supply of Services Act 1980, which may vary depending on the nature and severity of the breach. These remedies include:
-
Full Refund: If the goods are not of merchantable quality from the outset, consumers have the right to a full refund if the complaint is made within a reasonable time frame.
-
Partial Refund, Repair, or Replacement: If the goods have been used but are still found to be defective, consumers may seek a partial refund, a repair of the goods, or replacement of the goods, depending on the circumstances.
-
Right to Reject: Consumers are entitled to reject the goods if they do not meet the stipulated standards, which must be executed without undue delay.
-
Inconvenience Consideration: Any remedy must be completed without significant inconvenience to the consumer, ensuring a fair resolution to the issue.