Report puts Consumer Rights Reform on the Government Agenda

Consumer law could change dramatically following a Government report recommending a complete overhaul  to consolidate the disparate laws governing the sale of goods and services. The report recommends creating a single law as well as ensuring that it is written in simplified terms that lay people can understand.

The 222-page report has been produced for the Department for Business, Innovation and Skills by academics led by Professor Geraint Howells of Manchester University and Professor Christian Twigg-Flesner of Hull University.

There are three main statutes governing consumer supply contracts which may be affected: Sale of Goods Act 1979; Supply of Goods (Implied Terms) Act 1973; and Supply of Goods and Services Act 1982. The report does not recommend changing the law in respect of other consumer legislation such as Consumer Credit Act 2006 (which relates to your credit card provider's liability).

At the moment, the remedies open to consumers vary depending on whether the terms of the contract are "conditions", "warranties" or "innominate terms", a position which causes confusion to the average consumer. The report concludes: "Consumer contract law would be improved if many of the provisions could be brought together in a single consumer contract law that so far as possible subjected all consumer supply contracts to the same rights and remedies."

For more information, please contact Richard Sims.