Consumers and the law Essay Example | Topics and Well Written Essays - 2500 words

Consumers and the law - Essay Example He agrees to accept a price reduction of  £500 as well as the dealer being responsible for fixing the brakes. This does not bring about any other issue in the scenario so it would seem as though the dealer’s agreement to accept less as well as fix the problem would not be disputed. The amendment to initial offer would constitute as a condition, as defined in the case of Wallis v Pratt [1911] AC 394 as: "[a condition is] an obligation which goes so directly to the substance of the contract, or in other words, is so essential to it very nature that its non-performance may fairly be considered by the other party, as a substantial failure to perform the contract at all.†3 Another operating issue that is important to note is if Amir is dealing as a consumer or operating in the course of business. The facts indicate that although he intends to use it mainly for personal use, he also intended to use it for business purposes, and more importantly, the purchase money came out of his business account. If the court determines that Amir is operating within the course of business, he will not be protected under the additional consumer protection given under s.48 Sale of Goods Act1979, as well as provisions contained within the Unfair Terms in Consumer Contracts Regulations 1999, among others.5 This issue becomes relevant with regards to the situation involving the clutch. Amir seems to be seeking rescission. There are three problems with this is. The first issue is whether or not it can be seen that Amir is acting as a consumer. If it can be seen that Amir was acting as a consumer, he would be protected by s.48A(3) Sale of Goods Act which indicates that: â₠¬Å"...goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed