Enter Into A Legally Binding Consumer Contract

2200 Words9 Pages
This essay will first discuss the process required to enter into a legally binding consumer contract. The essay will then address express and implied terms within consumer contracts. Finally the contracts entered into by the client within the case study will be examined. Evaluating any breaches made towards the contracts and identifying any remedies available to the client for the breaches identified. Essential criteria must be present in order for a consumer contract to be legally binding by law, a process of offer, acceptance, consideration, and intention to create legal relations must be satisfied. Offer involves the buyer making an identifiable offer to a seller for goods or services, once the seller accepts the offer, acceptance has…show more content…
As the essential criteria of offer, acceptance, consideration and intention is present, Alice has entered into a consumer contract for the shoes and sunglasses. Alice also entered into a consumer contract when purchasing the bag off the internet, however the offer would have been classed as accepted once Alice received confirmation via email (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). Capacity to contract is also present for the purchases made. This ascertains Alice will have protection by law for any misrepresentations made before entering in to the contracts or breaches made to the terms of the consumer contracts. Alice’s first problem involves the purchase of shoes. She reports the first time she wore the new shoes she took two steps and one of the heels snapped off. The SOGA 1979 s.14 states, “there is an implied term that the goods supplied under the contract are of satisfactory quality”. Defining satisfactory s.14 (2A) of the SOGA 1979 states goods must “meet the standard that any reasonable person would regard as satisfactory” (SOGA 1979). The description of a reasonable person as defined in the case of Hall v Brooklands Auto-Racing Club [1933] is that he is the ordinary man, the average man on the street. More recently in the case of McMahon v Dear [2014] the Hall principle was applied when
Open Document