§ Mr. DunnTo ask the Secretary of State for Trade and Industry what protection there is for consumers who receive defective products from manufacturers; and if he will make a statement.
§ Mr. Leigh[holding answer 26 February 1991]: The law provides a range of measures to protect consumers from defective or unsafe products. In some cases the action will be directed towards the original manufacturer, in others towards the distributor or retailer.
Under the Sale of Goods Act 1979 for traders who sell goods in the course of a business (usually the retailer) there is an implied condition that the goods must be of merchantable quality and fit for the purpose for which they are sold. Traders cannot avoid these obligations in their contracts with consumers. If goods are not of merchantable quality the buyer is entitled, if he acts in a reasonable time, to reject the goods and obtain a refund.
Even if the buyer has accepted the goods, and no longer has a right to a refund, the buyer would still be entitled to claim damages for defects. The consumer may also be able to claim damages for any other loss resulting from the breach of contract, such as compensation for any injury caused by the defective product.
People who are injured or have their personal property damaged by defective products may also be able to claim damages under the product liability provisions of part I of the Consumer Protection Act 1987. In addition, as this Act did not replace the rights of individuals to use the tort of negligence to obtain damages from manufacturer, this option remains available to the consumer.
Consumers are also protected from defective products that are unsafe by the consumer safety legislation in part II of the Consumer Protection Act 1987. This establishes a strong legal framework to deal with unsafe consumer products and is enforced primarily by the trading standards department of local authorities. Anyone with a complaint about an unsafe product should contact their local office.