Amir has won £17,000 on the Euro Lottery. He works as a surveyor but also runs his own business as an IT consultant. Advise Amir (and where relevant his friends and relatives) given he proceeded to purchase the following unsatisfactory items:
His first purchase was a 2 year old Ford Galaxy. His intention was to use it principally for shopping and collecting the children from school but he did expect occasionally to use it in his business for urgent collections and deliveries of materials. When he took the car out for a test drive he noticed a fault with the brakes and because of this he obtained a price reduction of £500 and the dealership agreed to fix the brakes. Amir paid the agreed price of £10,500 for the car. He paid by a cheque drawn on his business account intending to repay it at a later date.
After finalizing the contract the trader said: “This is a quality car, I don’t want any complaints from you. You must take it in the condition in which you find it.” Three weeks later, when his wife, Cheryl was using the car, its clutch seized up. The estimated cost of replacement of the clutch was £800. Amir wants his money back but the dealer refuses to take back the car and repay the £10,500.
Amir’s next purchase was a gold ornamental lamp from a shop belonging to a chain of electrical retailers. The lamp cost £500. It exploded when he tried to use it. The explosion badly burned his friend George, who sitting next to the lamp when it exploded. The lamp was imported from China. The importer had given the retailers a certificate to say that the goods complied with EU safety requirements but in fact it contravened Safety Regulations (by using too high a flash point). However the retailer’s own Quality Director had supervised tests on the product to her satisfaction.
Amir’s third purchase was a home computer and chess game programme. He was persuaded at the Onestop Computer Store to buy the Advanced Champion Chess Programme, which was stated to be: “The best programme in the country. No-one has ever won a game against it”. The total price for the two items was £3,500 and he paid this with his Barclaycard. Amir soon discovered that he could defeat the chess programme every time. Furthermore, the computer had a defective number keypad on the keyboard. The store is refusing to allow him to reject the goods and has offered him a credit voucher.
Amir’s final purchase was for his wife Cheryl who wanted a washing machine, and after some thought, he bought one from Fair Deal Ltd. The machine came with a guarantee that stated:
“Where any defect in workmanship or materials occurs within twelve (12) months from the date of purchase from the dealers, the manufacturers will repair the goods or replace them, or any part of them, free of charge”.
The machine broke down after 21 days and was replaced under the manufacturer’s guarantee. Now the machine has broken down again and Cheryl wants him to get the money back so she can buy another one of a different make. The machine was top of the range and cost £750.
Analyse the problems set out, supporting your answers by reference to statutes and decided cases and considering both criminal and civil liability and the available penalties and remedies.
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