LEGISLATION AND COMPLIANCE
WHEN BUSINESS ACTS AS THE
It is often forgotten that the rights aff orded to purchasers under the consumer protection legislation in force in Ireland can frequently benefi t business. For example, many of the safe- guards that are aff orded to consumers under the sale of goods legislation can be availed of by businesses when they are in the role of purchaser of goods or services. T is article exam- ines some of the main legal consumers’ rights provisions and assesses whether they can be availed of by businesses.
THE SALE OF GOODS AND SUPPLY OF SERVICES ACTS, 1893 AND 1980
Under the Sale of Goods Act, 1983 and the Sale of Goods and Supply of Services Act, 1980 (‘the Sale of Goods Acts’), a party is deemed to be a ‘consumer’ in a particular transaction if he doesn’t make the contract in the course of business and the other party does make the contract in the course of business and the goods are those normally used for private consump- tion. However, contrary to common belief, this defi nition does not exclude business from relying on several provisions in the
32 OWNER MANAGER VOL 4 ISSUE 1 2011 SALE OF GOODS
Under the Sale of Goods Acts certain conditions are implied into contracts for the sale of goods. T is benefi t is available to consumer and business alike. T ey are as follows:
T e seller has the right to sell the goods T is condition is breached when the seller has no right to dis- pose of the property. An obvious example would be where the seller has stolen the goods. Another example would be where the seller sells the goods to one person and then purports to sell the same goods to another.
Sale by description T ere is an implied condition that the goods shall correspond with their description. T e term ‘description’ is very wide and could cover matters such as ingredients, measurements,
CONSUMER
LAURA FANNIN OF HAYES SOLICITORS EXAMINES THE RIGHTS OF A BUSINESS WHEN IT COMES TO SALE OF GOODS LEGISLATION
Sale of Goods Acts. T is is because these provisions are not limited to consumers only.
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