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Consumer protection law uk quality

Updated on December 15, 2014

Quality in regards to consumer protection UK

A pre-contractual statement made by another party to another may be classed as a term or representation in regards to quality. A breach of a term entitles the injured party to claim for 'expectation loss' where as misrepresentation allows a claim for 'reliance loss'.

Exception loss - Aims to place the party in the position they were in if the contract was carried out. This includes loss of profit.

Reliance loss - Puts the part in a pre contractual position.

Written statements in documents are usually classed as terms. Statements made by parties with greater skill or knowledge are likely to be terms to a contract.

There is a time test which entails that the greater the interval between making a statement and entering into a contract the more likely the statement will be a representation.

The importance test

If the term is an improtant factor it is likely to be a term.

Bannerman v white (1861) - Mr bannerman purchased hops on the basis that that have had no sulphur added to the crop. He later found out that they had been sprayed. This was deemed a term and a representation and that he had relied on this term.

Sale by description

Where there is a sale by description there is an implied term that goods must correspond with the goods description.

Sale of Goods Act (1979) Section 13 (1)

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