NEW DEVELOPMENTS IN PROCEDURES FOR THE PROTECTION OF CONSUMERS IN ENGLAND (FROM JUDICIAL AND QUASI-JUDICIAL MEANS OF CONSUMER PROTECTION, 1976 - SEE NCJ-58667)

• NCJ Number: 58676
• Author(s): G BORRIE
• Date Published: 1976
• Length: 11 pages
• Publication Format: Document
• Language: English
• Country: Belgium

Annotation

CONSUMER PROTECTION RIGHTS IN ENGLAND ARE TRACED FROM THEIR EARLY DEVELOPMENT THROUGH CURRENT PRACTICES, SUCH AS ARBITRATION AND THE USE OF THE COUNTY COURT.

Abstract

THE LEGAL RIGHTS OF CONSUMERS IN ENGLAND ARE CONSIDERABLE, AS THEY ARE EMBODIED IN SUCH LEGISLATION AS THE SALE OF GOODS ACT, 1893, WHICH SET FORTH THE BASIC OBLIGATIONS OF SELLERS OF GOODS AND IN THE JUDGE-MADE RULES OF THE COMMON LAW THAT REQUIRE, FOR EXAMPLE, THAT PROVIDERS OF SERVICES TAKE REASONABLE CARE TO AVOID INJURY OR DAMAGE TO THE CONSUMER OR HIS PROPERTY. THESE RIGHTS HAVE BEEN ENLARGED IN RECENT YEARS TO PROVIDE FOR DEVELOPMENTS SUCH AS THE USE OF STANDARD FORM CONTRACTS, WHICH SEEK TO DEPRIVE THE CONSUMER OF HIS NORMAL LEGAL RIGHTS AND THE GROWTH OF CONSUMER CREDIT. COUNTY COURTS ARE NORMALLY QUALIFIED TO DEAL WITH MINOR DISPUTES, BUT CONSUMERS MAKE LITTLE USE OF THEM, BECAUSE THE PROCEDURE IS COMPLEX, AND A LAWYER IS REQUIRED. SIMPLIFIED ARBITRATION SYSTEMS FOR MINOR CLAIMS HAVE BEEN TRIED IN VARIOUS PLACES. THE SYSTEM COVERS CLAIMS OF AT MOST 250 POUNDS AND REQUIRES THE CONSENT OF BOTH PARTIES TO ARBITRATION UNDER THE RULES LAID DOWN. ONCE THEY HAVE GIVEN THEIR CONSENT, THE PARTIES ARE OBLIGED TO COMPLY WITH THE ARBITRATOR'S DECISIONS. NONCOMPLIANCE IS EQUIVALENT TO A BREACH OF CONTRACT, AND THE DECISION BECOMES DIRECTLY ENFORCEABLE. RATHER DIFFERENT, BUT EQUALLY SIMPLIFIED, ARBITRATION SYSTEMS HAVE BEEN INTRODUCTED BY THE DIRECTOR-GENERAL OF FAIR TRADING, AN OFFICIAL APPOINTED TO KEEP UNDER REVIEW ANY TRADING PRACTICES WHICH MAY ADVERSELY AFFECT THE ECONOMIC INTERESTS OF CONSUMERS. ONE OF HIS RESPONSIBILITIES IS TO ENCOURAGE TRADERS' ASSOCIATIONS TO DRAW UP VOLUNTARY CODES OF CONDUCT AS A GUIDE FOR THEIR MEMBERS, WITH A VIEW TO SAFEGUARDING AND FOSTERING CONSUMERS' INTERESTS. IN ADDITION TO THESE INFORMAL PROCEDURES, NEW UNOFFICIAL PROCEDURES, PART OF THE COUNTY COURT SYSTEMS WERE INTRODUCED FOR MINOR DISPUTES IN 1973. A BIBLIOGRAPHY IS PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)