Smart Law Resource Consumer Law Consumer Law Lesson

Smart. Law Resource Consumer Law ●

Consumer Law Lesson Objectives • Know what a contract is and how one is made • Understand your consumer rights • Understand what to do if you have a problem with consumer goods • Be able to hold conversations about consumer rights © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law What is a Contract? Offer + Acceptance It sounds straightforward, but have a look at the following cases… © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Fisher v Bell [1961] A flick knife is on display in a shop with a price tag attached. Is this a contract? Was an offer and an acceptance made? No! There was no offer, only an invitation to make an offer. The customer is the one who makes the offer. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Carlill v Carbolic Smoke Ball Co [1893] A reward was offered to anyone who became ill after using a herbal remedy for a cold. Mrs C. used the remedy and she still became sick. She tried to claim the reward. Is this a contract? Was an offer and an acceptance made? Yes! The reward was an offer of a contract and Mrs C accepted it by fulfilling the conditions (by using the remedy but still getting sick). © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Felthouse v Bindley [1862] A nephew discussed buying a horse from his uncle. He offered to buy the horse and said, “If I don't hear from you by the weekend, I’ll consider him mine. ” The uncle didn’t say anything. The horse was later sold by mistake at auction. The auctioneer had been asked not to sell it but had forgotten. Is this a contract? Was an offer and an acceptance made? © Citizenship Foundation 2016 • Charity Reg. No. 801360 No! No acceptance, a contract cannot be accepted by silence. The uncle did not say anything to his nephew.

Consumer Law Contracts and Consumer Protection When you are in a shop buying something, the contract is between you, ‘The Consumer’ and the shop, ‘The Seller’. If a contract exists then the consumer (the buyer) gets lots of legal rights to ensure that they get what they paid for. These rights are known as Consumer Protection. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Contracts and Consumer Protection Get ready to consider the following situations…. Use the hints on your sheet to help you. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Consumer Rights Quiz You bought a pair of jeans last week but discovered when you got home that they were the wrong size. You want to take them back. What can you get? A A refund B An exchange C You have no legal rights © Citizenship Foundation 2016 • Charity Reg. No. 801360 The shop do esn’t have to take the jeans back. Many shops do but they are un der no legal obligation to do so. If you simply change your mind y ou have no legal rights.

Consumer Law Consumer Rights Quiz You purchased a TV yesterday, but when you installed it at home, it didn’t work. You return it with a receipt to the shop. The staff agree that it’s faulty but say you have to accept a repair. What are your rights? A You can demand a refund B You are only entitled to a repair C You will have to pay for a repair © Citizenship Foundation 2016 • Charity Reg. No. 801360 Where an it em is faulty, as lo ng as you return it within 30 days, yo u are entitled to a full refund.

Consumer Law Consumer Rights Quiz Any goods you buy must. . . A Be satisfactory quality, fit for purpose and as described B Last for at least six months C Come with a manufacturer’s guarantee All of the above © Citizenship Foundation 2016 • Charity Reg. No. 801360 Under the C onsumer Rights Act 2 015 any goods that y ou buy must match these three criteria.

Consumer Law Consumer Rights Quiz You see a bottle of water priced at 70 p, but at the till the manager says it was wrongly priced and is really £ 1. 20. What can you do? A Insist on purchasing it at 70 p B You would have to pay £ 1. 20 C You are entitled to the water free of charge because of the mistake © Citizenship Foundation 2016 • Charity Reg. No. 801360 Although m any shops might sell th e water at the lower m arked price (to keep the customer happy so th ey will later return), the y are not obliged to d o so in these circum stances.

Consumer Law Consumer Rights Quiz You bought an i. Phone five months ago and now it doesn’t work. You return it to the retailer who says you must have misused it and that you need a report to prove that it’s faulty before he has to do anything. Is this correct? A Yes, if the seller disputes that the goods are faulty it is up to the buyer to prove it B For the first six months there is a presumption that the goods are faulty © Citizenship Foundation 2016 • Charity Reg. No. 801360 For the first six months afte r purchase it is up to th e retailer to prove the re was nothing wro ng with the item if they wish to get out of repair ing or exchanging it. After six months, the consumer must prove that there was someth ing wrong with the i. Ph one.

Consumer Law Consumer Rights Quiz You bought a pair of shoes in the January sales at a reduced price but the first time you wear them the sole falls off. What are your rights? A You don’t have any rights on sale items B You are entitled to a credit note C You have the same rights as for full price goods © Citizenship Foundation 2016 • Charity Reg. No. 801360 You have th e same legal rights to return items bough t in a sale as you would at any other time. The only exception w ould be where a fau lt has been pointed out to you at the time of sale.

Consumer Law Consumer Rights Quiz You buy a CD on Amazon, but it doesn’t arrive. Your rights when What rights do you have? buying good s over the internet are the s a me as when You have the same rights as if you buying g o ods in perso had bought it from a high street shop n PROVIDED that the You have different rights because seller is bas ed in the you bought the CD over the internet UK. A B C You have no rights because you bought the CD over the internet © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Consumer Rights Quiz You buy a second-hand bike from your neighbour. Do you have the same rights as if you had bought it new? A You have the same rights B You have fewer rights C You have no rights © Citizenship Foundation 2016 • Charity Reg. No. 801360 If you buy s omething second-han d from a sh op or trader yo u have the same legal rights as buying new goods. However, if you buy something p rivately (either new or secondhand) you h ave much le ss protection.

Consumer Law Consumer Rights Quiz You purchased a video game from an online website but decided it was not fun to play and want to get your money back. What are your rights? A You can demand a refund B You can trade the game in for another one on the website C You are not entitled to a refund or exchange © Citizenship Foundation 2016 • Charity Reg. No. 801360 While you a re entitled to digital co ntent of satisfactory quality, the standard is an objective o ne and does not inc lude your personal jud gment of the value of the content.

Consumer Law Consumer Rights Quiz You tried a display computer at an electronics shop and purchased that model. You received a boxed computer from the stockroom, but when you arrived home you realised it was installed with a different operating system. What are your rights? A You can demand a refund or exchange at the store B You are not entitled to a refund or exchange © Citizenship Foundation 2016 • Charity Reg. No. 801360 When you b uy a produc t after having viewed a display mod el, you are entitled to h ave the delivered m odel match the display.

Consumer Law You bought a digital camera from a shop. You only used it a couple of times before it broke… Complete the activity in pairs to test your problem solving abilities! © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Role Play: What Happens Next? Success cr iteria • You must be confident an d communicat e clearly You need to be able to t hink on your feet an d respond t o each other • The custo mer should try their bes to get a full t refund • The assis tant should try their bes to avoid giv t ing a refund o r having to re-do any thing Read through your scenario. One of you will be the customer • and one will be the shop assistant. Your task is to continue their conversation. Improvise and work out how to arrive at the best outcome. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Questions to Consider ? Customers, how difficult did you find enforcing your consumer rights to get what you were entitled to from the assistant? Assistants, how difficult did you find it trying to avoid giving the customer a refund? Do you think the customer in your scenario was legally entitled to a refund or exchange? Why or why not? © Citizenship Foundation 2016 • Charity Reg. No. 801360

? Test you learning in this Consumer Law Quiz © Citizenship Foundation 2016 • Charity Reg. No. 801360

Consumer Law Plenary • What surprised you most from today’s session? • What have you most agreed/disagreed with? • What steps would you take if you found yourself in some of the situations we have been looking at? • Is it important that people are aware of their consumer rights? Why? Tweet us your most important piece of advice for consumers! @Smart. Law. CF using the hashtag #Smart. Law or leave a comment on our Facebook page, Smart. Law – Citizenship Foundation © Citizenship Foundation 2016 • Charity Reg. No. 801360