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1.5.3a Principles of consumer law

Why the law sets a floor: legislation as a minimum standard

Definition

Consumer law: the rules that set the minimum standards a business must meet when it sells goods and services to the public.

  1. Legislation sets a standard every business selling in the UK has to reach whether or not it would choose to, and for consumer sales that framework is the Consumer Rights Act 2015.
  2. A buyer only finds out that a product is faulty after paying for it and carrying it home, so the harm lands before the market has any chance to punish a bad seller.
  3. A common floor also stops firms competing by cutting corners, because no rival can undercut an honest seller by shipping unsafe goods and staying quiet about it.

Quality: satisfactory, fit for purpose and as described

Definition

Satisfactory quality: the standard a reasonable person would expect of goods at that price, taking account of safety, finish and durability.

  1. Three promises about quality are built into every sale, and a business cannot write them out of its own terms and conditions.
    1. Satisfactory quality: a kettle that leaks from the seam after a fortnight fails, because no reasonable buyer would accept it at any price.
    2. Fit for purpose: walking boots sold for hill walking that let water in fail, because they do not do the job they were sold to do even though nothing is visibly broken.
    3. As described: a jumper advertised as wool that turns out to be acrylic fails, because it does not match the description, however warm and well made it is.

Consumer rights: a repair, a replacement or a refund

  1. If goods fall short on any of the three promises, the customer is entitled to a remedy from the shop that sold them, not from the factory that made them.
    1. Repair: the seller puts the fault right and returns the same item, which is usually the cheapest route for the business.
    2. Replacement: the seller hands over another one of the same product and absorbs the cost of the faulty unit.
    3. Refund: the seller gives the money back, so the sale is reversed and the revenue disappears from the accounts.
  2. Services carry a parallel promise: a haircut, a repair or a boiler fitting must be done with reasonable care and skill and charged at a reasonable price.
Note
  • The cost that legislation adds to a business in general is dealt with in guide 1.5.3c.
  • What follows from meeting or failing these obligations is dealt with in guide 1.5.3d.

What consumer law changes in how a business operates

  1. Meeting these promises is not a document in a drawer, because it changes five everyday jobs, each of which costs money or time.
    1. Checking what comes in: stock is inspected or a supplier is tied to a quality standard, so faults are caught before they reach a customer.
    2. Describing honestly: adverts, labels and online listings have to be checked against the actual product, which means somebody is paid to sign them off.
    3. Training staff: sales and customer service staff learn what to claim about a product and how to settle a complaint, which is paid time away from selling.
    4. Keeping records: receipts, order histories and proof of purchase are stored so a genuine claim can be settled quickly rather than argued over.
    5. Budgeting for returns: money is set aside for refunds and replacements, so cash is tied up against returns that may never be claimed.
  2. The law works for the seller as well: shoppers order clothing from ASOS without trying it on because they know a faulty or misdescribed item can go back, so consumer law lifts sales at the same time as it constrains the business.
Exam technique
  • Answer from the firm's side, because the marks sit on what the business must change, not on reciting the law.
  • Use the exact wording, since "the goods were rubbish" scores nothing while "not of satisfactory quality" is the examiner's language.
  • Edexcel does not want statute detail, so do not spend words on sections, time limits or court cases.
  • Finish the chain: the firm checks stock, so fewer faulty items reach customers, so it pays fewer refunds and keeps the repeat custom its profit depends on.
Self review
  • Name the three promises the law makes about the quality of goods.
  • Which of the three does a jumper sold as wool but made of acrylic break?
  • Give the three remedies a customer can be offered when goods fall short.
  • What standard must a service be carried out to?
  • Give two changes a business has to make to how it operates to meet consumer law.
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Consumer law is the set of rules that establishes the minimum standards a business must meet when selling goods and services to the public. In the UK, the main framework for consumer sales is the Consumer Rights Act 2015.

This legal floor applies whether or not a business would choose to meet it. It also prevents firms competing by cutting corners, such as selling unsafe or poor-quality goods more cheaply.

A buyer may only discover a fault after paying and taking the product home. Consumer law protects the buyer because the harm occurs before the market can punish a poor seller.

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What does consumer law set for businesses selling to the public?

1.5.3a Principles of consumer law Revision Guide

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Revision notes for Edexcel GCSE Business 1.5.3a Principles of consumer law: explanations and worked examples.

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