p6 for contract law

You have recently purchased a new mobile telephone from a local mobile service provider store. You have had a number of different problems with the item including the following:
• Did not match the model you saw on display in the store or the picture on the box
• The screen was slightly damaged when you first took it out of the box
• Not able to make or receive calls periodically
• Not able to connect to the internet
• Not able to access the settings
• Switching itself off when making calls
• Getting extremely hot when it is on charge
There are laws to protect consumers against scenarios like this. These include SOGA (The Sale of Goods Act) and SOGASA (The Sale of Goods and Services Act). Also, there is the Consumer Protection from Unfair Trading Regulations 2008. These were all made to protect the consumer after purchasing faulty goods or services. Also, there were implied terms in the contract you made when purchasing the mobile telephone which were included in SOGA and SOGASA. Furthermore, the trading standards institute was set up in order to enforce legislation related to trading and to protect the consumer.
Did not match the model you saw on display in the store or the picture on the box
Section 13 SOGA states that where a sale is made by description the goods must correspond with the description given. If the phone did not match the model that you saw on display or the picture given on the box then this is breaching SOGA. As the purchase is breaching SOGA, you have the right to return the phone. Re Moore & Co v Landauer is a case example of where goods have been rejected because they weren’t as described. The claimant ordered 3,100 tins of peaches packed in cases of 30, however when they arrived they were packed in cases of 30. The claimant was able to reject them as they were not as described.
The screen was slightly damaged when you first took it out of the box
Section 14 SOGA states that when a sale is made the goods must be of satisfactory quality. If the screen was damaged then the phone was obviously not of satisfactory quality, and therefore your purchase is protected by SOGA. A case example of goods being rejected due to not being of satisfactory quality is Stevenson v Rogers; the claimant bought a fishing boat off the defendant, which he claimed was not of satisfactory quality. The defendant argued that he’s a fisherman not a boat salesman and so the sale was not in the course of business. The court decided that the sale was in the course of business and so the claimant was able to reject the boat.
Not able to make or receive calls periodically
Section 14 SOGA also states that when a sale is made the goods must be fit for purpose. If the phone is periodically not able to make or receive calls then the telephone you bought is obviously not fit for purpose. This is yet another reason as to why you are able to return the phone. Also, section 13 of SOGASA states that services carried out in the course of business must be carried out with reasonable care and skill. SOGA and SOGASA were being breached when the shop sold you a phone which cannot make or receive calls periodically.

Not able to connect to the internet
Section 14 SOGA states that when a sale is made the goods must be fit for purpose. If the phone is not able to connect to the internet then it is not fit for purpose.
Not able to access the settings
If the phone is not able to access the settings then this is in breach of section 13 of SOGA because it states that good must match the given description. In the description it was specified that the phone was able to access the settings. As such, you are able to return the phone.
Switching itself off when making calls
Section 14 SOGA also states that when a sale is made the goods must be fit for purpose. If the phone switches itself off when making calls then the telephone you bought is clearly not fit for purpose.
Getting extremely hot when it is on charge
The phone is clearly not of satisfactory quality if it’s getting extremely hot when it is on charge. This is breaching section 14 of SOGA.
References Used
11/11/2013 http://www.legislation.gov.uk/ukpga/1979/54
11/11/2013 http://www.oft.gov.uk/business-advice/treating-customers-fairly/protection
11/11/2013 http://whatconsumer.co.uk/consumer-protection-act/#axzz2kKh9GSwR
11/11/2013 http://www.cwgsy.net/private%2Fsljohn/FairTrading.htm

References: Used 11/11/2013 http://www.legislation.gov.uk/ukpga/1979/54 11/11/2013 http://www.oft.gov.uk/business-advice/treating-customers-fairly/protection 11/11/2013 http://whatconsumer.co.uk/consumer-protection-act/#axzz2kKh9GSwR 11/11/2013 http://www.cwgsy.net/private%2Fsljohn/FairTrading.htm