Consumer Protection Law Essay Example | Topics and Well Written Essays - 2000 words - 4

Consumer Protection Law - Essay ExampleImputing liability upon a Seller purely on the basis of goods not conforming to the exact description of the good offered for sale may not be applicable unless and until it can be proved that the buyer relied upon such a description in arriving at a decision to purchase the product. The description of the good is to be taken into account when determining whether the goods are of a o.k. quality. In the case of Varley v Whipp3, it was held that in every case where the buyer has not had the opportunity to see the goods before purchase, the goods will be deemed to have been bought by description. The old pot ornament would, therefore, have been expected to conform to its description and photograph as laid out in the advertisement, which states old pot ornament, in good condition for its age. But the goods received by Chris show the ornament not conforming to the description. The enquire of goods sold which did not match their description arose in the case of Beale v Taylor4 where the defendant had advertised his car as a 1961 Herald convertible, however, the actual car comprised two parts welded together and only one and only(a) of these parts came from the 1961 model rather than the entire car. As a result, the car that was delivered to the buyer was held to not conform to its description and the Court allowed the plaintiff to secure damages. The question of description also arose in the case of Andrews v Hopkinson5 where the dealers description of the item in question as a good bittie bus, I would stake my life on it was held to be a contractual term because it formed a part of the description that was set out in the advertisement for the goods. Similarly, in the case of Couchman v Hill6, a statement made about the heifer sold was that it was unserved and the Court held that every item in the description which forms a component part of the identity of the object sold is a condition for which the seller can be held liable .