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Question: CONSUMER LAW ASSIGNMENT 2 TASK 1 Krafty Kitchens Ltd have a showroom in the centre of Barrogate. Its front window is emblazoned with a notice stating " We sell the cheapest kitchens in Barrogate" Memoona visits the showroom and sees a kitchen that she likes but she is concerned as to whether it is made of mahogany since she knows that this is in fashion at the moment.

She is shown round by Alison who assures her that the kitchen units are made out of mahogany. On the wall of the showroom there is a notice stating "Krafty Kitchens Ltd cannot guarantee the accuracy of statements about the composition of kitchen units"

Memoona buys the units and when she discovers that they are not in fact made of mahogany and that there is another kitchen showroom selling units for a lower price she reports Krafty Kitchens Ltd to Barrogate Trading Standards.

She is also aggrieved because she has been sent a bill for delivery of the kitchen units to her house and she thought that this was included in the price of the units. Write a memo to your head of department,Frank Conway, advising him as to any liability that Krafty Kitchens Ltd may have under the Trade Descriptions Act 1968 and Part III Consumer Protection Act 1987.

TASK 2 Anita, Ben and Carol book a skiing trip to Switzerland with Bon Voyage Holidays. They book a chalet, which is advertised in the brochure as having three bedrooms, central heating and in convenient reach of ski equipment hiring facilities.

They also book a flight with Easyfly but upon checking in at the airport they find that only 2 seats are available on this particular flight and therefore one of their number has to take a later flight. Upon their arrival they discover that the ski hire facility is 30 miles away. To make matters worse the chalet only has two bedrooms and the central heating has broken down. When they complain to Bon Voyage Holidays they are told that all branches had been informed to notify customers of the fact that there had been an error in the brochure and that this grade of chalet slept two rather than three people. Write a memo to Frank Conway advising him of any liability that Bon Voyage Holidays and Easyfly may have under the Trades Descriptions Act 1968.

Answer: Memo To: Frank Conway From: Date: Re: Trade Description Act 1968 and Part III Consumer Protection Act 1987 The Trade Description Act 1968 was created for four main offences, two of these relating to the misdescription of goods and two to the misdescription of services. The Trade Description Act prohibits the use of certain false trade descriptions by a person acting in the course of a trade or business. The offences created by s.1(1) are strict liability i.e. there is no proof of mens rea required. The Trade Description Act 1968 section 1(1)(a) makes it an offence for any person who in the course of a business applies a false trade description to any goods, or section 1(1)(b) makes it an offence to supply or offers to supply any goods to which a false trade description is applied shall be guilty of an offence. The s.1(1)(a) offence is committed by applying a false trade description to go...(short extract)

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  • Subject: Law
  • Course: Commercial Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 83%
  • Words: 5031
  • Date submitted: April 18, 2009
  • Date written: October, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1444

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