Andrea and Sid decided to visit shopping complex, Retail Cross, a local shopping centre. Andrea decides to purchase an indoor electric heater from Heat R US, due to the cold weather. She is not sure which one to purchase, and is approached by Malcolm, a sales assistant. Malcolm offers his advice, Andrea specifically enquires about the suitability of the heater for her lounge. She informs Malcolm that her house is quite old, and therefore she would need it to be powerful.
Malcolm shows her an electric radiator, which he believes is suitable. Although he is unsure, he assures her that the heater would be suitable. Andrea purchases the heater, after using the heater she notices that the heater does not heat the room to the required temperature, and constantly cuts out. Andrea decides to return the heater the same day, demanding a full refund; she explains the issue to Malcolm. Malcolm states ‘well that is not our problem; the product is sold as seen’. Malcolm refuses to replace the item or offer Andrea a refund. It transpires that if Malcolm had checked the box, he would have noticed that the heater was only suitable for industrial purposes.
Sid is an avid swimmer, he decides to purchase a top of the range watch from Unique Watches suitable for swimming; he pays £300 for the watch. Since the watch is not in stock, the sales assistant informs him that the watch will not be delivered until a few weeks. Sid pays for the watch on his Sanmoney Visa Card. A week later, Sid reads an article in the local newspaper, stating that Unique Watches has gone into liquidation.
Advise the parties.
This problem question deals with Consumer Law. The focus of the question is to advise the relevant parties, using the IRAC principle. I-issue, R-rule, A-application, C-conclusion. This means that you should explain the issues and then talk about the relevant law and apply it to the facts of the case and conclude. This problem question deals with implied and express terms, misrepresentation and also consumer credit. It is also necessary to look at the CRA 2015, which could be useful for illustrating sections, applicable to our problem question, such as fitness for purpose, etc. It is also necessary to look at what happens when terms of the contracts get breached and the sales person refuses to refund or changed the item (also mentioned in the CRA 2015, which is necessary too look at in this relation). The relevant provision for Consumer Credit should also be looked at and explained how would it be applicable to our question. Generally, all of the issues should be discussed and analysed with reference to case law and relevant provisions. Accordingly, by discussing the relevant law for this issues and applying the law to the facts by concluding is what is required because the question says advise the parties. We also need to include the leading cases for the issues and also to compare and contrast, by making an analysis where necessary.
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