FAQs about Litigation & Disputes
What protection does the Sale of Goods Act 1979 provide consumers with?
The Sale of Goods Act stipulates that goods sold must be ‘as described’, ‘of satisfactory quality’ and ‘fit for purpose’.
What does ‘as described’ means?
The item must be the same as any description given, including both verbal and written descriptions. In the majority of cases, the description will be inferred from the way the product is presented i.e. on the packaging.
What does ’satisfactory quality’ mean?
Satisfactory quality means that the goods should be free of minor defects, ‘of a good appearance and finish’ and ’strong and safe’. Safe generally means the good should be approved for use and in compliance with any relevant product safety regulations.
What does ‘fit for purpose’ mean?
Fit for purpose means the goods must be fit for the general purpose they are sold for or any specific purpose which they have been described to have. If, for example, you asked a sales assistant regarding the compatibility of certain ink cartridges with a certain printer and were told they are compatible when they are in fact not compatible, then those cartridges would not be fit for purpose.
What remedies do I have under the Sale of Goods Act?
In the majority of circumstances you should return the goods to the retailer you originally purchased the goods from and not the manufacturer. However, if you brought the item directly from the manufacturer, your claim will lie against the manufacturer.
If you return the item within a ‘reasonable’ amount of time, then you can choose to reject the item and ask for your money back or have the item repaired so long as this does not cause significant inconvenience to you. If you are not entitled to a replacement and the vendor refuses to repair the good, you can ask for your money back less the amount of use of the item you have had. Reasonable time varies. If the product is, for example, perishable, the amount of time will be less.
If you wish to bring a legal claim, you have six months and the burden of proving that the good fulfilled the three requirements of fit for purpose, as described and of satisfactory quality will be on the seller. If you bring the claim after six months, the burden of proving that the item did not fulfil the three requirements will be on you.
What does the Unfair Trading Act 2008 do?
The Unfair Trading Act protects consumers from unfair sale’s practices. Sellers are not allowed to misdescribe or misrepresent what benefits a product or service will deliver. They must also not omit important information about the product that would potentially influence the consumer’s decision. Aggressive sale’s practices are also prohibited. If, for example, a door-to-door salesperson refuses to leave someone’s house or claims they will lose their job if the contract is not signed, that will be prohibited under the Act.