Please assist me to answer the questions using the case illustrated below, based on the following criteria:
1) Apply the legal rules on implied terms relating to the sale of goods and supply of services
2) Apply the statutory provisions on the transfer of property and possession
CASE STUDY:
Michael has recently had some really bad luck with some of his purchases. On three separate occasions he has made a purchase and had reason to believe that his consumer rights have been violated.
He decided to go on a walking holiday and purchased an 'all weather' jacket. The manufacturer's description stated that the jacket was completely waterproof, light enough to be comfortable in any weather conditions (because of the new type of material, keeping the wearer cool in heat and warm in cold).
They offered a 10 year guarantee, even stating that the jacket was of such a quality that it would probably last a lifetime.
After wearing his jacket for only one day he contacted the retailer. He was very concerned. The zip had broken, water had penetrated and he had felt cold.
On returning from his holiday Michael bought an expensive garden maintenance set (this included electrical items such as mower and trimmer as well as hand held tools).
As it was a high cost item he applied for credit from the credit company which normally provided finance for the shop's customers. Within a few days of delivery, the mower and trimmer break down and the shop he bought them from is closing down.
He buys the same set from another retailer. On close inspection he notices that the specification is not the same as the one he had seen displayed as a demonstrator (the electrical items were not as large and the hand held tools were fiberglass rather than stainless steel).
Michael seeks advice about what to do in each of the situations.
Required to answer:
Using the information in Case Study above, respond to Michael's request for advice.
Include answers to all of the following as part of your response to Michael's request:
Question 1. Explain the rights available to the consumer as offered by the provisions of the Sale of Goods Act 1979 (as amended) and provide a suitable response to Michael.
Question 2. Outline the terms of the Consumer Credit Act 1974 and advise Michael of his rights.
Question 3. Explain the main points of the Trades Description Act 1968 (as amended) and its implications for purchase of the garden set.
Please provide with the references if used any.