Task 1 – Consumer Queries

You work as a volunteer in the local Citizens’ Advice Centre and have recently completed training in the area of consumer law.  During the course of a consumer information session held in the centre, you are asked to advise on the queries (a) to (f) below.

Please cite relevant legislation and/or case law in your answer.

Query (a)

Laura was given a present by a friend for her 21^st birthday. Unfortunately, she had already been given the same present by her aunt. She wants to know can she get a refund from the shop.

Query (b)

Maria received a delivery of a suite of furniture the other day. It does not appear to be the same type of fabric that she ordered from the sample book. What can she do?

Query (c)

Kyle bought an engagement ring displayed as “sapphire” for his girlfriend Alannah for €2,000 and proposed on St. Valentine’s Day. When he had the ring assessed by a gemologist for insurance purposes however he was told that it is an aquamarine stone and is only worth about €350. The manager of Sparkles Ltd., the jewellery shop where the ring was bought has ignored Kyle’s phone calls and is never in the shop when Kyle calls to complain. Kyle seeks your help in writing a letter of complaint to the manager. Please draft the letter citing the relevant legislation and setting out the remedy sought by Kyle.

Query (d)

Frank bought a car from his friend Paul for €4,500 in January 2013. Frank is now dismayed to be informed by Big Bank that they intend to repossess the car. It appears that Paul was buying the car under a hire purchase agreement and had eight instalments left to pay. Frank wants to know if he has a right to keep the car.

Query (e)

Fiona buys a lamp from Cosy Habitats Ltd. She sees it is labelled “Discounted; Display Model – damaged lampshade”. She later realises it is more badly damaged than she thought. She wants to know if she could argue that the lamp is not of merchantable quality and in breach of consumer legislation.

Query (f)

Joanna bought a new mountain bike from Super Cycles Ltd. three months ago. The bike was new and cost €1,800. The salesperson told her it was a limited edition model. Last week she went on a cycling holiday in Brittany. While cycling on a mountain track the gearing system broke. Another expert cyclist told her that the bike was not a limited edition and was clearly of unsatisfactory quality. She had to ship the bike home and rent another bike at the cost of €1,800. She is adamant that she used the bike correctly at all times.

TASK 2

Draw up a consumer contract for a plumber who is providing plumbing services to the public. The contract should include a limited liability clause, a guarantee and terms of payments.