Civil Litigation and Consumer Rights

Introduction to Judicial Review

Introduction

Consumer rights refer to rights granted to an individual as a consumer of goods and services.

Introduction to Consumer Rights

  • Consumer Rights are concerned with consumers’ rights and complaints which a consumer may have against a supplier of goods or services and remedies available to them.
  • The consumer law assists the consumer by imposing certain obligations upon manufacturers and suppliers of goods and services so that no fraud is committed by a service provider and there should not be an unfair advantage to the supplier of goods or services at the expense of a consumer’s lack of knowledge or trust, he/she may have in the product and services.

Key Definitions

  • Trader – A trader is a person who is acting for the purposes relating to his or her trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on their behalf.
  • Consumer – A consumer is any individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
  • Business – includes any activities by any government department or local or public authority.
  • Goods – Goods means any tangible movable items, but it also includes water, gas and electricity only if they are put up for supply in a limited volume or set quantity.
  • Digital Content – It means data which is produced and supplied in a digital form.
  • Services – includes but is not limited to social services, healthcare, gambling and financial services etc.
  • Property – Property stands for the general property or ownership in goods and not merely a special property.
  • Deliverable State – Goods are in a deliverable state when they are of satisfactory quality and quantity, they are in such a state that the buyer would under the contract be bound to take delivery of them.
  • Defective Goods – These are goods that do not meet the required safety or quality specifications and that are dangerous and as such may cause injury or harm to their users.
  • Mercantile Agent – Who is in the course of normal business, such an agent is given authority either to sell the goods, or to consign the goods for the purpose of sale, or to buy the goods, or to raise the money on the security of the goods.
  • Lien – It is a right to keep possession of a property which belongs to another person until the debt owed by that person has been discharged or paid,
  • Seller – includes any person who is in the position of a seller, or sells goods and services.
  • Unpaid Seller – the seller of goods is an unpaid seller when the whole price of the goods has not been paid or tendered or when a bill of exchange or negotiable instrument has been received as a conditional payment.
  • Insolvency – A person is deemed to be insolvent if he has either ceased to pay his debts in the ordinary course of business or he cannot pay his debts as they are overdue.
  • Debtor – A person or an organisation that owes money.
  • Creditor – A person or an organisation to whom money is owed.
  • Consumer Credit Agreement – is an agreement between a debtor and the creditor, where the creditor provides the debtor with credit of any amount.

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Disclaimer​

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legallex does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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