Consumer Protection

0 Comment

The law of contract formation distinguishes between an offer and an invitation to treat, which is not an offer but an indication of willingness to negotiate a contract. For example, in the case of Gibson v Manchester City Council, the words may be prepared to sell constituted an invitation to treat and not a distinct offer. In the current scenario, Doris went to Baxter Beds and bought the bed after examination and there is no issue that this is an enforceable consumer contract for the sale of goods.The bed was advertised as being made of solid brass however transpired to have many problems including scratches on the bed-head and a wobbly leg. Furthermore, the facts indicate the brass bed-head of the bed was one of the motivations behind Doris’s purchase of the bed and as such, went to the root of the contract,6thereby constituting a condition. Accordingly, the description of the bed was clearly misrepresented, and (in addition to false representation) it is arguable that this misrepresentation gives Doris the right to repudiate the contract and return the sideboard on grounds that the misrepresentation constituted a breach of condition. The burden would be on Doris to prove this.Additionally, Baxter Beds may be strictly liable for the offense of providing false trading descriptions under the Trade Description Act 1968. Section 1(1) of the Act provides that any person who in the course of a trade or business:Additionally, the SGA implies terms into the sale of goods contracts which can be asserted by consumers10. However as asserted by section 14(2) of the SGA, the implied term provisions only apply to contracts where the seller sells goods in the course of a business, and section 12(1) of the SGA provides that there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such right at the time when the property is to pass, which is not in contention with regard to Doris’ purchase from Baxter Beds.