PASS 2 UNIT 3 A
I will describe the different limitations and constraints under which marketers operates. I will be talking about the various UK legislation and voluntary constraints within 2 companies which includes:
Sale of Goods act 1979 – All goods must meet the main three criteria. The goods must be as described, of satisfaction quality and fit for purpose. If the seller does not meet the criteria they are breaching the contract and the buyer will have to claim under the Sale of Good Act 1979
Tesco’s
If a person buys a TV from Tesco’s and it stopped working after one month. The person has the right to take it back and ask them to fix it or ask them for a replacement because the product doesn’t meet its satisfaction quality. The buyer will have to claim under the Sale of Good act 1979 also he has to prove that the product was damage by an internal factor.
A report that thousands of drivers reported an engine trouble and breakdowns after filling up with unleaded petrol from a number of retailers, including Tesco. Under the Sale of Goods Act 1979 motorists can claim for the petrol, any repairs and "consequential" losses.
Consumer Protection from Unfair Trading Regulation 2008
There are three main criteria under the Consumer protection from unfair trading regulation 2008
The general ban on unfair commercial practices
Misleading action which includes selling items that doesn’t exist or lying about their products and so on.
The black list which contains the list of those practice that are unfair.
Tesco
Supermarkets including Tesco have been reported of selling product which contained horse meat rather than the meat mention on the product. This is a misleading action and they are breaking the Consumer Protection from unfair trading regulation 2008.
There was also news about a pensioner complaint over Tesco 's 'false and misleading ' strawberry prices, which gave the company a £2.32m profit in 2011, has led to a £300,000 fine.
Consumer credit act - The Consumer Credit Act 1974
Sale of Goods act 1979 – All goods must meet the main three criteria. The goods must be as described, of satisfaction quality and fit for purpose. If the seller does not meet the criteria they are breaching the contract and the buyer will have to claim under the Sale of Good Act 1979
Tesco’s
If a person buys a TV from Tesco’s and it stopped working after one month. The person has the right to take it back and ask them to fix it or ask them for a replacement because the product doesn’t meet its satisfaction quality. The buyer will have to claim under the Sale of Good act 1979 also he has to prove that the product was damage by an internal factor.
A report that thousands of drivers reported an engine trouble and breakdowns after filling up with unleaded petrol from a number of retailers, including Tesco. Under the Sale of Goods Act 1979 motorists can claim for the petrol, any repairs and "consequential" losses.
Consumer Protection from Unfair Trading Regulation 2008
There are three main criteria under the Consumer protection from unfair trading regulation 2008
The general ban on unfair commercial practices
Misleading action which includes selling items that doesn’t exist or lying about their products and so on.
The black list which contains the list of those practice that are unfair.
Tesco
Supermarkets including Tesco have been reported of selling product which contained horse meat rather than the meat mention on the product. This is a misleading action and they are breaking the Consumer Protection from unfair trading regulation 2008.
There was also news about a pensioner complaint over Tesco 's 'false and misleading ' strawberry prices, which gave the company a £2.32m profit in 2011, has led to a £300,000 fine.
Consumer credit act - The Consumer Credit Act 1974
Bibliography: UNIT3/P2 http://news.bbc.co.uk/1/hi/6421783.stmhttp://www.telegraph.co.uk/news/uknews/10252238/Plucky-pensioner-costs-300000-Tesco-in-victory-from-beyond-the-grave.html http://www.mayowynnebaxter.co.uk/blog/only-way-for-consumers-to-avoid-%E2%80%9Cadmin-fee%E2%80%9D-is-to-pay-using-ryanair%E2%80%99s-branded-debit-card-%E2%80%93-its-controversial-but-is-it-legal/ http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/#.UkMj08brzws http://www.oft.gov.uk/shared_oft/reports/Evaluating-OFTs-work/oft1139.pdf http://www.asa.org.uk/Rulings/Adjudications/2012/2/Ryanair-Ltd/SHP_ADJ_178486.aspx