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NEWS
06 Nov 2009

Law Commission proposes overhaul on faulty goods consumer remedies

The Scottish Law Commission has recommended simplifying the law on consumer remedies for faulty goods presently regulated by the Sale and Supply of Goods Act 1994.

At the moment, goods may be returned under statute if they fail to reach "satisfactory" quality, provided action is taken within a reasonable time.  The Law Commission say conflicting EU provisions confuse the picture.

"Confusingly, however, under parallel remedies introduced to implement the European Consumer Sales Directive, UK consumers’ first remedy is repair or replacement. In October 2008, the European Commission proposed a new directive on consumer rights which, if adopted as published, would mean that the UK would have to abolish the right to reject," the Commission said in a statement.

David Hertzell, the Commissioner leading the project for the Law Commission of England and Wales said the right to reject should be retained in the UK as a short-term remedy of first instance.

"It is a simple, easy to use remedy which inspires consumer confidence," he said.

"Consultees told us that the only problem with the right to reject is uncertainty over how long it lasts. We recommend that in normal circumstances, a consumer should have 30 days to return faulty goods and receive a refund, with flexibility built in for special circumstances such as perishable goods, or goods which both parties know will not be used for some time.”

Lord Drummond Young, Chairman of the Scottish Law Commission added that legal advice is rarely sought for consumer disputes, and therefore it was particularly important that the law on consumer remedies is "easily understood, remembered and applied."

"Our proposals will result in a considerable simplification of the law," he said.

"In addition to our proposals on the right to reject, we also recommend that the Government should take steps to ensure that consumers have a much better understanding of their legal rights.”


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