The Law Commission and the Scottish Law Commission have published
recommendations that would simplify, strengthen and clarify laws governing
consumer rights for faulty goods.
The proposals from the English, Welsh and
Scottish
statutory law reform bodies also insist that UK consumers retain some
fundamental rights under threat from the
proposed
European Consumer Rights directive.
Currently UK consumers have some of the strongest protection in Europe under
laws such as the
Sale
of Goods Act, the Sale and Supply of Goods to Consumers, and the
Distance
Selling Regulations.
However, the complexity of UK laws, coupled with some areas of legislation
being unclear - such as how long is a ‘reasonable time’ in which to reject
faulty goods - has led to confusion.
The proposed European directive would also weaken UK consumer law by removing
the right to reject faulty goods within a reasonable time, and for goods to be
free of minor defects such as imperfections in appearance, finish or small
malfunctions.
The UK law commissions have said these rights should be retained. Their
proposals also pin down what the law considers a ‘reasonable time’ to 30 days.
Although it said there must be flexibility for some goods.
David Hertzell, the Commissioner leading the project for
the
Law Commission of England and Wales, said: “We believe that 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.”
Other recommendations include allowing consumers to ask for a refund or price
reduction after one failed repair or one failed replacement. The proposals now
go forward as part of the debate on the proposed EC directive.
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