Consumer law Essay Example | Topics and Well Written Essays - 1500 words

Consumer law - Essay Example more so, goods and products sold in the course of business operations are required to be of merchantable quality.3 Put another way, goods should be satisfactory so that they fit for the purposes for which they are purchased and the consumer is at liberty to anticipate that goods purchased are satisfactory and fit for the purposes for which they are sold and purchased.4 Based on the Sale of Goods Act 1979, Irman has a direct claim against Helen for the damages sustained to his studies. This is so because, the computer had a defect and therefore was not of merchantable quality. Even so, Helen’s liability also falls under the Consumer Protection Act 1987 which incorporates Council Directive 85/374/EEC, 1985.5 The Directive’s position with respect to manufacturers’ and distributors’ is aligned to strict liability.6 Under the directive a defective product is defined as a product which: Under Section 2 of the Consumer Protection Act 1987, the French company importing the customer is liable to both Imran and his friend. This is so because under Section 2 when a product is manufactured outside of the EU, the person or party importing the defective product into the EU is strictly liable for any damages resulting from any defect in that product.8 While Imran, the purchaser of the defective computer, by virtue of the doctrine of privity of contract may pursue a claim in damages for breach of contract under the Sale of Goods Act 1979 against Helen, the vendor of the goods, Imran’s friend has a problem in contract. Imran’s friend does not have a contract with Helen, the vendor. His claim will fall under the law of tort. Under the common law principles following the decision in Donoghue v Stevenson the neighbour principle imposes a duty on the manufacturers and/or distributors of goods not to injure or to prevent injury to all persons that an individual ought to have in his or her contemplation.9 Under the Consumer Protection Act 1987 together with the