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Consumer and
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Consumer
and
commercial
law
4th edition
Judith Tillson, Barrister

Senior Lecturer in Contract and Commercial Law
Pearson Education Limited
Edinburgh Gate
Harlow CM20 2JE
United Kingdom
Tel: +44 (0)1279 623623
Web: www.pearson.com/uk
First published 2011 (print)
Second edition published 2013 (print and electronic)
Third edition published 2015 (print and electronic)
Fourth edition published 2016 (print and electronic)
© Pearson Education Limited 2011 (print)
© Pearson Education Limited 2013, 2015, 2016 (print and electronic)
The right of Judith Tillson to be identified as author of this work has been asserted by her in accordance with the
Copyright, Designs and Patents Act 1988.
The print publication is protected by copyright. Prior to any prohibited reproduction, storage in a retrieval system,
distribution or transmission in any form or by any means, electronic, mechanical, recording or otherwise, permission
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NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION
Contents
Acknowledgements vii
Introduction viii
Guided tour xii
Table of cases and statutes xiv
Chapter 1: The need for consumer protection 1

Chapter 2: Contract terms 17
Chapter 3: Sale and supply of goods 1: Implied terms 41
Chapter 4: Sale and supply of goods 2: Transfer of property
and risk 71
Chapter 5: Sale and supply of goods 3: Performance
and remedies 87
Chapter 6: Distance selling and electronic commerce 111
Chapter 7: Product liability 127
Chapter 8: Product safety 143
Chapter 9: Consumer credit 157
Chapter 10: Agency law 181
Chapter 11: Liability for unfair trading practices 205
And finally, before the exam … 227

Glossary of terms 245
Index 251
v
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vi
Acknowledgements
Our thanks go to all reviewers who contributed to the development of this text, including
students who participated in research and focus groups which helped to shape the series
format.
vii
Introduction
Many students study consumer and commercial law as discrete modules. Some students
may study one rather than the other. However, this book treats them as complementary
topics by examining areas common to both. Consumer and commercial law covers a wide
range of subjects so module content will vary between institutions, but several topics will be
common features, including sale of goods, agency law, credit, product liability, product safety
and unfair trading practices. Because of the increasing influence of online contracts and
distance selling, you are likely to be expected to appreciate the legal challenges presented
by this mode of contracting. No doubt individual lecturers will emphasise particular topics in
this diverse area. You should always refer to your lecturer or tutor and your course materials
with any questions on what you will be expected to cover.
Another factor to bear in mind in preparing for the exam is that, inevitably, several topics will
overlap and cannot be revised as discrete units. It is important to appreciate that studying
consumer and commercial law will require that you have a sound basis in contract law,
especially misrepresentation, unfair contract terms and remedies for breach.
The subject lends itself to problem questions which provide an opportunity for the examiner
to assess your understanding of how different aspects of consumer and commercial law
interlink. Don’t be surprised to find that a problem on a topic such as product liability may
also encompass aspects of sale of goods, negligence and privity. Likewise, questions calling
for an analysis of unfair contract terms will expect you to be able to demonstrate detailed
knowledge of aspects of sale of goods, misrepresentation and the supply of services. You
will be expected to show clear understanding of the degree of statutory protection offered to
those dealing on a commercial as well as consumer basis. When dealing with such multi-
faceted problem questions, it is easy to digress into areas that are not relevant; it is also
difficult to gauge which areas require a greater level of detailed analysis. Some questions
may help you in this respect by allocating marks to different sections. The most difficult
problems are those that include a range of issues within one detailed scenario. Always devise
an outline plan to ensure that you deal with all relevant issues in a systematic and structured
manner. It is a good idea to identify an issue, explain it and then apply it to the facts given.
With essay questions you should ensure that you understand what the question requires
before outlining your plan. Essay questions tend to expose those who have a superficial
viii
INTRODUCTION
understanding of a topic, as they call for detailed explanation of legal principles with
application of case law and statute as well as critical comment. You will be expected to be
able to highlight areas for criticism and potential reforms. You may be required to address a
specific reform and carry out an evaluation, using recent authority, as to whether or not it is
effective. A likely example would be the recent reform of the area of unfair trading practices.
Keep to the issue by referring to the question and submitting suitable comment (based on
your evaluation) where appropriate. Whether you are analysing a problem or writing an
essay, make sure that you submit a conclusion.
This book is designed as a revision guide, not as a substitute for a textbook or your course
notes. In order to promote quick understanding and effective revision, it gives you a
clear overview of key topics in consumer and commercial law. It also provides a guide to
suitable resources to develop a critical approach to examinations and assignments. The
book focuses on common areas of misunderstanding and confusion, such as concepts
of consumer status, the different heads of liability in product liability and the difference
between sale by description and misrepresentation. In order to help you develop a confident
attitude towards examinations, guidance is given in each chapter with regard to revision
and exam tips, pointing out difficult areas and suggesting good approaches to a range of
sample questions.
Finally, it is important that you are aware of progress on the implementation of the European
Directive on Consumer Rights. The Directive merges four existing EU Consumer Directives,
namely: Sale of Consumer Goods and Guarantees (99/44/EC), Unfair Contract Terms (93/13/
EEC), Distance Selling (97/7/EC) and Doorstep Selling (85/577/EEC). By means of a process
of codification, the law in these areas will eventually be updated to reflect technological
changes in commerce and to try to overcome common problems with distance selling. With
these aims in mind the Consumer Rights Bill was introduced into Parliament in June 2013
and resulted in the introduction of the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations, the Consumer Protection (Amendment) Regulations 2014
and the Consumer Rights Act 2015 which aim to clarify and consolidate legislation covering
distance and doorstep selling, rights of redress for victims of unfair trading practices, the
sale and supply of goods (including digital content), unfair contract terms and powers of
enforcement. Naturally there will be some inevitable overlap between the new reforms and
existing legislation. The table below is designed to clarify the effects the Consumer Rights
Act 2015 will have on existing legislation.
Effect of the CRA 2015 on existing legislation

The provisions in the existing legislation listed in Table 0.1, which cover B2C (business-
to-consumer) contracts only, will be repealed. The provisions that relate to other types
of contract (for example, contracts between businesses) will remain in the existing
legislation.
ix
Introduction
table 0.1 Effect of CRA 2015
Existing Legislation Changes
Supply of Goods (Implied Terms) Act 1973 The Consumer Rights Act 2015 will replace
any provisions made in this Act for B2C
contracts. It will be amended so that it
covers B2B contracts and C2C contracts only
Sale of Goods Act 1979 For B2C contracts this will mainly be
replaced by the Consumer Rights Act 2015
but some provisions of SGA will still apply,
for example: rules that are applicable to
all contracts of sale of goods (as defined
by that Act – essentially these are sales of
goods for money), regarding matters such
as when property in goods passes. The SGA
will still apply to B2B contracts and to C2C
contracts
Supply of Goods and Services Act 1982 The Consumer Rights Act 2015 will replace
any provisions this Act makes for B2C
contracts. The SGSA will be amended so
that it covers B2B contracts and C2C only
Unfair Contract Terms Act 1977 The Consumer Rights Act 2015 will
replace the provisions made by this Act in
respect of B2C contracts. The UCTA will be
amended so that it covers B2B and C2C
contracts only
Unfair Terms in Consumer Contracts These will be replaced by the Consumer
Regulations 1999 Rights Act 2015
Sale and Supply of Goods to Consumers These will be replaced by the Consumer
Regulations 2002 Rights Act 2015
x
revision note
n Use this book to cement your knowledge of key issues in consumer and
commercial law.
n Be aware that there will be overlap between areas of consumer and commercial law –
these topics cannot be studied as discrete entities.
n Remember that this guide is intended as an aid to understanding and revision. You
should use your course materials, textbooks and other resources to extend your
knowledge.
n Concentrate your revision on preparing to answer exam questions – particularly how
you will construct your answers in an exam.
Before you begin, you can use the study plan available on the companion website
to assess how well you know the material in this book and identify the areas
where you may want to focus your revision.
xi
Guided tour
How to use features in the book and on the companion website
Understand quickly
Topic maps – Visual guides highlight key subject areas and facilitate easy
navigation through the chapter. Download them from the companion website to
pin on your wall or add to your revision notes.
Key definitions – Make sure you understand essential legal terms.
Key cases and key statutes – Identify and review the important elements of
essential cases and statutes you will need to know for your exams.
Read to impress – These carefully selected sources will extend your knowledge,
deepen your understanding, and earn better marks in coursework and exams.
Glossary – Forgotten the meaning of a word? This quick reference covers key
definitions and other useful terms.
Test your knowledge – How well do you know each topic? Test yourself with
quizzes tailored specifically to each chapter.
Podcasts – Listen as your own personal Law Express tutor guides you through a
step-by-step explanation of how to approach a typical but challenging question.
Revise effectively
Revision checklists – Identify essential points you should know for your exams.
The chapters will help you revise each point to ensure you are fully prepared. Print
the checklists from the companion website to track your progress.
Revision notes – These boxes highlight related points and areas where your course
might adopt a particular approach that you should check with your course tutor.
xii
guided tour
Study plan – Assess how well you know a subject prior to your revision and
determine which areas need the most attention. Take the full assessment or focus
on targeted study units.
Flashcards – Test and improve recall of important legal terms, key cases and
statutes. Available in both electronic and printable formats.
Take exams with confidence

Sample questions with answer guidelines – Practice makes perfect! Consider
how you would answer the question at the start of each chapter then refer
to answer guidance at the end of the chapter. Try out additional sample
questions online.
Assessment advice – Use this feature to identify how a subject may be examined
and how to apply your knowledge effectively.
Make your answer stand out – Impress your examiners with these sources of
further thinking and debate.
Exam tips – Feeling the pressure? These boxes indicate how you can improve your
exam performance when it really counts.
Don’t be tempted to – Spot common pitfalls and avoid losing marks.
You be the marker – Evaluate sample exam answers and understand how and why
an examiner awards marks.
xiii
Table of cases
and statutes
Charles Rickards Ltd v. Oppenheim [1950] 1 All ER 420
Cases 88, 91, 234
Clark Boyce v. Mouat [1994] 1 AC 428 196, 238
A v. National Blood Authority (No. 1) [2001] 3 All ER Clegg v. Andersson (t/a Nordic Marine) [2003] 2 Lloyd’s
289 128, 137, 138, 236 Rep 32 (CA) 88, 95, 234
Abouzaid v. Mothercare (UK) Ltd [2000] EWCA Civ 348
128, 137, 235 Dashwood (formerly Kaye) v. Fleurets Ltd [2007] EWHC
Aluminium Industrie Vaassen BV v. Romalpa Aluminium 1610 QB 200
[1976] 1 WLR 676 72, 79, 233 Davis v. Sumner [1984] 1 WLR 1301 7, 212, 229
Arbitration between FW Moore & Co Ltd and Landauer Dimond v. Lovell [2000] 2 All ER 897 158, 162, 180, 236
& Co, Re [1921] 2 KB 519 56, 102, 231 Director General of Fair Trading v. First National Bank
Arbitration between R & H Hall & Co and WH Pim plc [2000] All ER 759 18, 34, 35, 230
Jnr & Co Ltd, Re [1927] 30 Ll L Rep 159 88, Donoghue v. Stevenson [1932] AC 562 128, 132,
105, 234 133, 235
Arcos Ltd v. E. A. Ronaasen & Son [1933] AC 470 42, Drummond v. Van Ingen (1887) 12 App Cas 284 66
54, 56, 231 Drummond-Rees v. Dorset CC (Trading Standards
Armstrong v. Jackson [1917] 2 KB 822 182, 196, 238 Department) (1998) 162 JP 651 149
Ashington Piggeries Ltd v. Christopher Hill Ltd [1971] 1
Eastern Distributors Ltd v. Goldring [1957] 2 All ER 525
All ER 847 42, 65, 232
72, 80, 233
Attorney General of Belize v. Belize Telecom Ltd [2009]
Egan v. Motor Services (Bath) Ltd [2007] EWCA Civ
UKPC 10; [2009] 1 WLR 1988 18, 25, 229, 237
1002 62
Entores Ltd v. Miles Far East Corp [1955] 2 QB 327
Bannerman v. White (1861) 10 CBNS 844 18, 21, 229
112, 123, 235
Barry v. Heathcote Ball & Co (Commercial Auctions) Ltd
[2000] 1 WLR 1962 88, 103, 234 Feldaroll Foundry plc v. Hermes Leasing (London) Ltd
Beale v. Taylor [1967] 1 WLR 1193 42, 53, 231 [2004] EWCA Civ 747 59, 232
Boston Deep Sea Fishing and Ice Co v. Farnham [1957] First Energy (UK) Ltd v. Hungarian International Bank
1 WLR 1051 191 Ltd [1993] 2 Lloyd’s Rep 194 189, 238
Brewer v. Mann [2012] EWCA Civ 246 42, 53, 231 Freeman & Lockyer v. Buckhurst Park Properties
Brinkibon Ltd v. Stahag und Stahlwarenhandels GmbH (Mangal) Ltd [1964] 2 QB 480 182, 187, 237
[1983] 2 AC 34 112, 123, 124, 235
Godfrey v. Bertram, Armstrong & Co (1830) 1 Kn 381
Caparo Industries v. Dickman [1990] 1 All ER 568 182, 195, 238
128,133, 134, 235 Grant v. Australian Knitting Mills Ltd [1936] AC 85 (PC)
Carey v. HSBC Bank plc [2009] EWHC 3417 QB 158, 64, 232
172, 236 Griffiths v. Peter Conway Ltd [1939] 1 All ER 685 65
xiv
Table of cases and statutes
Hadley v. Baxendale (1854) 9 Exch 341 88, 99, 103, May & Butcher Ltd v. R [1934] 2 KB 17 48, 230
104, 105, 132, 234 Mayor and Burgesses of the London Borough of
Hare v. Schurek [1993] CCLR 47 166 Southwark v. IBM UK Ltd see Southwark LBC v. IBM
Harlington & Leinster Enterprises Ltd v. Christopher UK Ltd
Hull Fine Art Ltd [1991] 1 QB 564 57, 231 Mediterranean Salvage & Towage Ltd v. Seamar
Harrison v. Black Horse Ltd [2012] Lloyd’s Rep Trading & Commerce Inc (The Reborn) [2009] EWCA
IR 521 173 Civ 531 25
Hely-Hutchinson v. Brayhead Ltd [1968] 1 QB 549 Microbeads AG v. Vinhurst Road Markings [1975] 1
182, 186, 237 WLR 218 42, 52, 231
Henry Kendall & Sons v. William Lillico & Sons Ltd Moore & Co Ltd and Landauer & Co see Arbitration
[1969] 2 AC 31 42, 61, 65, 232, 241 between FW Moore & Co Ltd and Landauer & Co
Hong Kong Fir Shipping Co Ltd v. Kawasaki Kisen
Kaisha Ltd [1962] 2 QB 26 (CA) 18, 23, 100, 229 Newtons of Wembley Ltd v. Williams [1964] 3 All ER
532 82
Ide v. ATB Sales Ltd [2007] EWHC 1667 (QB) 128, Niblett Ltd v. Confectioners’ Materials Co Ltd [1921] 3
139, 236 KB 387 42, 52, 231
Imageview Management Ltd v. Jack [2009] EWCA Civ Nichol v. Godts (1854) 10 Exch 191 42, 57, 231
63 182, 197, 238
Interfoto Picture Library v. Stiletto Visual Programs Office of Fair Trading v. Abbey National plc [2009]
[1988] 1 All ER 348 (CA) 27, 38, 229 UKSC 6 18, 35, 230
Office of Fair Trading v. Lloyds TSB Bank plc [2006] 2
J & H Ritchie Ltd v. Lloyd Ltd [2007] 1 WLR 670 88, All ER 821 171
96, 234 Office of Fair Trading v. Purely Creative Ltd [2011]
J Spurling Ltd v. Bradshaw [1956] 1 WLR 461 18, 28, 230 EWHC 106 (Ch) 206, 218, 239
Jewson Ltd v. Kelly [2003] EWCA Civ 1030 42, 64, 232 Overy v. Paypal (Europe) Ltd [2012] EWHC 2659 59
Karlshamns Oljefabriker A/B v. Eastport Navigation Panorama Developments (Guildford) Ltd v. Fidelis
Corp (The Elafi) [1982] 1 All ER 208 77 Furnishing Fabrics Ltd [1971] 2 QB 711 189,
Kieran Mullin Ltd v. Customs and Excise 203, 238
Commissioners [2003] STC 274 185, 203 Peachdart, Re [1983] 3 All ER 204 72, 79, 85, 233
Kofi Sunkersette Obu v. A. Strauss & Co Ltd [1951] AC Photo Production Ltd v. Securicor Transport Ltd [1980]
243 182, 199, 239 AC 827 18, 28, 230
Kulkarni v. Manor Credit (Davenham) Ltd [2010] EWCA Plevin v. Paragon Personal Finance Ltd [2014] UKSC 61
Civ 69 72, 84, 233 158, 173, 237
Portman Escort Agency v. Revenue and Customs
Lewis v. Averay (No. 1) [1971] 3 All ER 907 72, 81, 233 Commissioners [2006] STI 2580 UKVAT (Excise) 185
Liverpool City Council v. Irwin [1977] AC 239 24
Lloyd Schuhfabrik Meyer & Co GmbH v. Klijsen Handel BV R & B Customs Brokers Co Ltd v. United Dominions
C-342/97 [1999] All ER (EC) 587 2, 9, 211, 229 Trust Ltd [1988] 1 All ER 847 2, 5, 155, 229
Lloyds Bank Ltd v. Chartered Bank of India, Australia R & H Hall & Co and WH Pim Jnr & Co Ltd’s Arbitration
and China [1929] 1 KB 40 188, 203, 237 see Arbitration between R & H Hall & Co and WH
Lombard North Central plc v. Butterworth [1987] 1 All Pim Jnr & Co Ltd
ER 267 178, 237 R v. Birmingham City Council, ex parte Ferrero [1993]
Luxor (Eastbourne) Ltd v. Cooper [1941] AC 108 199, 239 All ER 530 144, 147, 236
R v. Secretary of State for Health, ex parte US
Maple Flock Co Ltd v. Universal Furniture Products Tobacco International Inc [1992] QB 353 144,
(Wembley) Ltd [1934] 1 KB 148 88, 93, 234 147, 155, 236
xv
table of cases and statutes
Reardon Smith Line Ltd v. Hansen-Tangen (The Diana Wilson v. First County Trust Ltd (No. 2) [2003] UKHL 40
Prosperity) [1976] 1 WLR 989 42, 55, 231, 240 158, 168, 180, 236
Richardson v. LRC Products Ltd [2000] PIQR P164 Wormell v. RHM Agriculture (East) Ltd [1987] 1 WLR
(QBD) 128, 136, 138, 235 1091 235
Robert A. Munro & Co Ltd v. Meyer [1930] 2 KB 312 Worsley v. Tambrands Ltd [2000] PIQR P95 (QBD) 128,
88, 94, 234 137, 235
Rogers v. Parish (Scarborough) Ltd [1987] QB 933
42, 62, 232 Yam Seng Pte Ltd v. International Trade Corporation Ltd
Rowland v. Divall [1923] 2 KB 500 42, 51, 230 [2013] EWHC 111 (QB) 38, 230
Yonge v. Toynbee [1910] 1 KB 215 182, 193, 238
Said v. Butt [1920] 3 KB 497 182, 193, 238
Saipol SA v. Inerco Trade SA [2014] EWHC 2211
104, 234
St Albans City and District Council v. International
Statutes
Computers Ltd [1996] 4 All ER 481 (CA) 42, 46, 230
Scally v. Southern Health and Social Services Board Companies Act 1985
[1992] 1 AC 294 18, 24, 25, 229 s. 395 79
Shanklin Pier Ltd v. Detel Products Ltd [1951] 2 KB 854 Consumer Credit Act 1974 158, 159, 160, 161, 162,
131, 235 164, 165, 166, 222, 233, 249
Shogun Finance Ltd v. Hudson [2003] UKHL 62; [2004] s. 8(1) 162
1 AC 919 72, 83, 233 s. 10 164
Southwark LBC v. Charlesworth (1983) 147 JP s. 11 164
470 149 s. 12 164
Southwark LBC v. IBM UK Ltd [2011] EWHC 549 (TCC) s. 12(b) 165
47, 72, 74, 233 s. 14(1) 171
Spearmint Rhino Ventures (UK) Ltd v. Revenue and s. 15 163
Customs Commissioners [2007] EWHC 613 (Ch) s. 15(1) 163
182, 184, 203, 237 s. 15(1)(a) 163
Springer v. Great Western Railway Co [1921] 1 KB 257 s. 15(1)(b) 163
191, 238 s. 15(1)(c) 163
Spurling v. Bradshaw see J Spurling Ltd v. Bradshaw s. 16A 164
Stevenson v. Rogers [1999] 2 WLR 1064 2, 6, 58, 211, s. 16B 164
212, 229 ss. 45–51 167
s. 48 166, 179
Tesco Supermarkets Ltd v. Nattrass [1972] AC 153 s. 49 166
206, 220, 239 s. 56 167, 170
Thain v. Anniesland Trade Centre (1997) SLT (Sh Ct) s. 57 167
102 42, 63, 232 s. 60 167, 179
Truk (UK) Ltd v. Tomakidis GmbH [2000] 1 Lloyd’s Rep s. 61 167, 179
543 88, 96, 234 s. 62 167, 179
s. 63 167, 179
Wait, Re [1927] 1 Ch 606 72, 233 s. 65(1) 168
Watford Electronics Ltd v. Sanderson CFL Ltd [2001] s. 66A 169
EWCA Civ 317 18, 32, 230 s. 67 169, 179
Watteau v. Fenwick [1893] 1 QB 346 182, 190 193, 238 s. 68 169, 180
Waugh v. H. B. Clifford and Sons Ltd [1982] 2 WLR 679 s. 75 170, 171
186, 237 s. 86 180
xvi
table of cases and statues
s. 87 176, 177 s. 5(1–3) 246
s. 90 176, 177 s. 6(4) 139
s. 90(1) 176 Part II 144, 150, 152, 153, 155, 239, 248
s. 90(1)(a) 176 s. 10 150
s. 90(1)(b) 176 s. 11 144, 146, 155, 235
s. 90(1)(c) 176 s. 11(5) 146
s. 91 176 s. 11(7) 148
s. 93 177 s. 12 149
s. 94(1) 175 s. 13 149
s. 95 175 s. 13(1)(a) 149
ss. 99–100 177 s. 13(1)(b) 149
s. 99(1) 175 s. 14 150
s. 99(2) 175 s. 16 150
s. 100(1) 175, 178 s. 19 144, 148, 155, 248
s. 100(3) 178 ss. 19(1)(a)–(e) 148
s. 100(4) 175 Part III 206, 208, 209
s. 127 168, 180 s. 20 209
s. 127(1) 169 s. 24 209, 220
s. 127(1)(a) 168 Part V
s. 127(1)(i) 168 s. 39 144, 152, 153, 209, 239
s. 127(2) 169 s. 41(1) 146, 154
ss. 127(3)–(5) 168 Consumer Rights Act 2015 ix, x, 4, 18, 19, 30, 33, 36,
s. 129 177 37, 38, 39, 43, 47, 50, 59, 67, 88, 102, 229
ss. 137–140 172 s. 2(2) 8, 14
ss. 140A–C 172 s. 2(3) 7, 14
s. 140A 172, 173 s. 2(4) 7
s. 140B 172, 174, 177 s. 9 42, 68, 107
s. 189(1) 162 s. 9(2) 60
Consumer Credit Act 2006 158, 159, 161, 162, 168, s. 10 42, 68, 107
169, 172 s. 11 42, 68
s. 127 179, 180 s. 11(5) 68
Consumer Protection Act 1987 127, 129, 134, 141, s. 13 42, 68, 107
143, 146, 228, 231, 232 s. 15 42, 68, 107
Parts I–V 145 s. 16 107
Part I 128, 130, 134, 141, 154 s. 17 42, 68, 107
s. 1(2) 134, 249 s. 17(2) 107
s. 2 235 s. 17(3) 107
s. 2(1) 134, 135, 138 s. 17(5) 107
s. 2(2) 134, 135 s. 17(6) 107
s. 2(3) 135 s. 17(7) 107
s. 3 136, 141, 235 s. 19(9) 107
s. 3(1) 135, 139, 235, 236 s. 20 107
s. 3(2) 135, 136 s. 21 92
s. 4 139, 235 s. 22 92, 107
ss. 4(1)(a)–(f ) 139 s. 23 107
s. 4(1)(e) 236 s. 24 107
s. 5 139, 246 s. 25 91
xvii
s. 26 92 Late Payment of Commercial Debts (Interest) Act 1998
s. 29 76 97, 161
s. 34 107 Law of Contracts (Applicable Law) Act 1990 124
s. 35 107 Law Reform (Frustrated Contracts) Act 1943 74
s. 36 107 Misrepresentation Act 1967
s. 37 107 s. 2(1) 39, 223, 239, 241
s. 41 108 Protection from Harassment Act 1997 216
s. 43 107 Sale and Supply of Goods Act 1994 56, 91, 94, 224
s. 44 107 Sale of Goods Act 1979 x, 19, 22, 23, 24, 41, 55, 73,
s. 46 107 74, 77, 89, 94, 130, 222, 223, 228, 230
s. 49 108 s. 2(1) 42, 44
s. 49(1) 67 s. 4 47
s. 50 108 s. 4(1) 47
s. 51 48, 67 s. 5 45
s. 52 67, 108 s. 8 47, 48, 49, 97
s. 55 108 s. 10(1) 97
s. 56 108 ss. 12–15 23, 24, 43, 49, 66, 67, 130
s. 62 36 s. 12 24, 30, 50, 68, 102
s. 62(4) 39 s. 12(1) 24, 42, 50, 51, 52, 53, 233
s. 63 37 s. 12(2) 24, 42, 50, 52, 53, 233
s. 70 37 s. 12(2)(a) 52
Part 2 36 s. 12(2)(b) 52
Sch. 2 36, 37 s. 12(4) 53
Sch. 3 37 s. 12(5) 53
Consumer Safety Act 1978 146 ss. 13–15 24, 102
Consumer Safety (Amendment) Act 1986 146 s. 13 22, 23, 30, 31, 50, 53, 56, 58, 104, 228, 229,
Contracts (Applicable Law) Act 1990 113 231, 232, 239, 240
Contracts (Rights of Third Parties) Act 1999 132, 141 s. 13(1) 22, 42, 50, 53
s. 1 132 s. 13(1)(1A) 22
s. 1(1) 132 s. 13(2) 42, 57
s. 1(1)(a) 132 s. 13(3) 42, 57, 58
s. 1(1)(b) 132 s. 14 23, 30, 31, 46, 58, 59, 60, 66, 105, 229, 231,
s. 1(2) 132 232, 240
s. 1(3) 132 s. 14(2) 5, 40, 50, 58, 60, 63, 64, 95, 140, 232
Electronic Communications Act 2000 120 s. 14(2A) 39, 42, 60, 68, 232, 234, 235
s. 7 120, 121 s. 14(2B) 39, 42, 60, 68, 232
s. 8 120, 121 ss. 14(2B)(a)–(e) 60, 62
Enterprise Act 2002 219, 221 s. 14(2B)(a) 61, 64, 232
Part 8 37, 124, 221, 226, 236 s. 14(2B)(d) 234, 235
s. 210 221, 246 s. 14(2B)(e) 235
s. 210(1) 221, 246 s. 14(2C)(a) 60
s. 210(2) 221, 246 s. 14(2C)(b) 60
s. 214 221, 236 s. 14(2C)(c) 60, 66
Factors Act 1889 s. 14(2D) 60
s. 2(1) 81 s. 14(2E) 60
Hire Purchase Act 1964 s. 14(3) 5, 40, 42, 50, 63, 64, 68, 140, 232
Part III 82 s. 14(3)(a) 39, 240
xviii
s. 15 23, 30, 42, 50, 66, 68 s. 35(6)(b) 234
s. 15(1) 66 s. 35(7) 97
s. 15(2) 50, 66 s. 35A 109
s. 15(2)(c) 66 s. 37 91, 100
s. 15A 24, 54, 56, 102, 109, 231, 234 s. 38 100, 233
s. 16 77 s. 46 101
s. 17 233 s. 48 101
s. 17(1) 76 ss. 48A–48F 106
s. 18 76, 77, 233 s. 48A(2)(a) 106
s. 20 74, 75, 233 s. 48A(2)(b)(i) 106
s. 20A 78, 233 s. 48A(2)(b)(ii) 106
s. 20B 78, 233 s. 48B 106
s. 20(4) 76 s. 48C 106
s. 21 80 s. 48D 106
s. 21(1) 81 s. 48E(2) 106
s. 21(2) 81 s. 48E(4) 106
s. 23 81, 82 s. 49 99
s. 24 82 s. 49(1) 99
s. 25 82 s. 49(2) 99
s. 25(1) 82 s. 50(2) 99
s. 27 83, 84, 90 s. 50(3) 99
s. 27(2) 83 s. 51 102, 103, 104, 109, 110
s. 27(3) 83 s. 53 103, 104, 234
s. 28 90 s. 53(1) 104, 105
s. 29 109 s. 53(2) 104, 105, 234
s. 29(3) 88, 91, 109 s. 53(3) 104, 105, 234
s. 30 91 s. 53(4) 104, 105, 234
s. 30(1) 88, 91, 109 s. 54 104, 105, 234
s. 30(2) 88, 91, 109 s. 59 95
s. 30(2A) 54 s. 61 76, 233
s. 30(2A)(a) 88, 91, 109 s. 61(1) 42, 45, 46, 120
s. 30(2A)(b) 88, 91, 109 Sale of Goods (Amendment) Act 1994 78
s. 31 92, 109 Sale of Goods (Amendment) Act 1995 77
s. 31(1) 92 Supply of Goods and Services Act 1982 x, 66, 67, 154, 222
s. 31(2) 93, 234 Part I 131
s. 34 94 ss. 2–5 131
s. 35 24, 88, 94, 95, 97 s. 13 67, 195, 230
s. 35A 92, 97, 109 s. 14 67
s. 35(1)(a) 94, 95, 234 s. 15 48, 198
s. 35(1)(b) 94, 95, 234 s. 15(1) 48, 198
s. 35(2) 94 s. 15(2) 48, 198
s. 35(2)(a) 240 s. 16 230
s. 35(3) 94, 109 Supply of Goods (Implied Terms) Act 1973 x, 222
s. 35(4) 94, 95, 110, 234 s. 8 30
s. 35(5) 94 s. 9 31
s. 35(6) 95 s. 10 31
s. 35(6)(a) 234 s. 11 31
xix
Trade Descriptions Act 1968 7, 10, 206, 207, 208, 209, reg. 15 201
210, 212, 214, 224 reg. 17 201
s. 1 208 reg. 17(3) 201, 202
s. 1(1) 209 reg. 17(3)(a) 202
s. 1(1)(a) 209 reg. 17(3)(b) 202
s. 1(1)(b) 209, 220 reg. 17(4) 202
s. 14 208, 220 reg. 17(6) 201
s. 14(1) 209 reg. 18 202
s. 14(1)(a) 209 Consumer Contracts (Information, Cancellation and
s. 14(1)(b) 209 Additional Charges) Regulations SI 2013/3134
s. 14(1)(b)(i) 209 ix, 97, 112, 113, 114, 119, 125, 126
s. 24 209 reg. 5 115
s. 24(1) 220 reg. 6 115
s. 25 220 reg. 7 116
Unfair Contract Terms Act 1977 x, 4, 6, 9, 18, 19, 24, 26, reg. 13 117
29, 30, 37, 38, 39, 59, 67, 97, 124, 222, 230, 232 reg. 14(2) 117, 118
s. 1(3) 29, 245 reg. 14(3) 118
s. 2 31 reg. 14(4) 117
s. 2(1) 30 reg. 30(2)(a) 118
s. 2(2) 30, 69 reg. 30(2)(b) 118
s. 3 30 reg. 30(3) 118
s. 6 30, 31, 67, 69, 232 reg. 31 118
s. 6(2) 59 reg. 31(2) 118
s. 6(3) 5, 39 reg. 31(3) 118
s. 7 6, 31 reg. 37(2) 120
s. 11 31, 32, 39, 67, 69 reg. 40(2) 120
s. 12 5, 29, 67, 229 reg. 41(1) 120
s. 12(1) 4, 6, 14, 155 reg. 42 118
Sch. 2 31, 32, 39, 67, 69 Sch. 2 116
Unsolicited Goods and Services Act 1971 Sch. 2(w) 120
s. 2 114 Consumer Credit Act 1974 (Electronic
Communications) Order SI 2004/3236 121
Statutory Instruments Consumer Credit (Advertisements) Regulations SI

2004/1484 166
Consumer Credit (Agreements) (Amendment)
Business Protection from Misleading Marketing Regulations SI 2004/1482 168
Regulations SI 2008/1276 206, 224 Consumer Protection (Amendment) Regulations SI
Part 1 224 2014/870 ix, 206, 222
Part 2 225 reg. 27C(2) 223
Part 3 225 reg. 27D(1) 223
Part 4 225 reg. 27D(2) 223
reg. 27D(3) 223
Cancellation of Contracts made in a Consumer’s Home reg. 27F/G 223
or Place of Work etc. Regulations SI 2008/1816 114 reg. 27H 223
Commercial Agents (Council Directive) Regulations SI reg. 27I 223
1993/3053 182, 201 reg. 27J 223
reg. 2(1) 197 reg. 27J(5) 224
xx
reg. 27J(5)(a)(i–v) 224 Consumer Transactions (Restrictions on Statements)
reg. 27J(5)(b) 224 Order SI 1976/1813 222
reg. 27K 223 Control of Misleading Advertisements Regulations SI
Consumer Protection (Cancellation of Contracts 1988/915 209, 224
Concluded away from Business Premises)
Regulations SI 1987/2117 221 Electronic Commerce (EC Directive) Regulations SI
Consumer Protection (Distance Selling) Regulations SI 2002/2013 120, 121, 125, 126, 215, 222, 248
2000/2334 114, 115, 119, 172, 222 reg. 2 248
reg. 7 117 reg. 2(1) 121, 248
Consumer Protection from Unfair Trading reg. 13 121
Regulations SI 2008/1277 4, 8,10, 14, 205, 206, Electronic Signatures Regulations SI 2002/318
207, 208, 209, 210, 213, 216, 221, 222, 223, 120
224, 225, 228, 229, 247 Enterprise Act (Part 8 Community Infringements
Part 1 11 Specified UK Laws) Order SI 2003/1374 221
reg. 2 211, 212 Enterprise Act (Part 8 Domestic Infringements) Order SI
reg. 2(1) 11, 212, 213, 214, 216, 247 2003/1593 221
regs. 2(2) –(6) 210
reg. 2(2) 11, 210 Financial Services (Distance Marketing) Regulations SI
reg. 2(4) 210, 211 2004/2095 158, 170
reg. 2(5) 11, 210
reg. 2(5)(a) 11, 211 General Product Safety Regulations SI 1994/2328
reg. 2(5)(b) 211 150
reg. 3(3) 212, 213 General Product Safety Regulations SI 2005/1803 143,
reg. 5 212, 214, 215, 218, 239 144, 145, 146, 150, 152, 155, 231
reg. 5(2) 215 reg. 2 151, 152, 155, 246, 247
reg. 5(3) 215 reg. 3 152
reg. 6 212, 216, 219, 239 reg. 5 144, 150, 151, 152, 235
reg. 6(1) 215 reg. 7 151
reg. 7 212, 217 reg. 8 151
reg. 7(1) 216 reg. 8(1) 152
reg. 7(2) 217 reg. 11 153
reg. 7(3) 216 reg. 12 153
reg. 7(3)(a) 216 reg. 13 153
reg. 7(3)(b) 216 reg. 14 154
regs. 8–12 219 reg. 15 154
reg. 8 219 reg. 18 154
reg. 8(1)(a) 219 reg. 21 154
reg. 9 219 reg. 29 144, 152, 153, 239
reg. 10 219 reg. 29(1) 153
reg. 11 216, 219 reg. 29(2) 153
reg. 12 219 reg. 29(2)(a) 153
reg. 17 219, 220 reg. 29(2)(b) 153
reg. 18 219, 220 reg. 29(4)(a) 153
Part 4 221, 226 reg. 29(4)(b) 153
Part 4A, reg. 27 222 reg. 42 154
Sch. 1 114, 206, 212, 217, 219, 220
Sch. 1, para. 31 218, 239 Oral Snuff (Safety) Regulations 1989 147
xxi
Sale and Supply of Goods to Consumers Regulations SI Council Regulation (EC) 593/2008 (Rome I) 124
2002/3045 x, 75, 94, 131, 222
reg. 2 4, 14 Directives
Unfair Terms in Consumer Contracts Regulations SI Council Directive 85/374/EEC (Product Liability)
1994/3159 33 134, 247
Unfair Terms in Consumer Contracts Regulations SI Art. 4 135, 151
1999/2083 x, 6, 9, 26, 29, 33, 34, 35, 36, 37, 124, Council Directive 85/577/EEC (Doorstep Selling)
155, 213, 222 ix, 221
reg. 3(1) 4, 6, 14 Council Directive 87/102/EEC (Consumer Credit)
Sch. 2 36, 37 222
Council Directive 93/13/EEC (Unfair Contract Terms)
ix, 36, 222
European Legislation
Council Directive 97/7/EC (Distance Selling) ix, 114,
222
Council Directive 99/44/EC (Sale of Consumer Goods
Conventions and Guarantees) ix, 222
Council Directive 99/93/EC (Electronic Signatures)
Convention on Jurisdiction and the Enforcement of 120
Judgments in Civil and Commercial Matters Council Directive 2000/31/EC (Electronic Commerce)
(Brussels Convention) 1968 124 112, 121, 222
Art. 26 125 Council Directive 2001/95/EC (General Product Safety)
Convention on the Law Applicable to Contractual 150
Obligations (Rome Convention) 1980 124 Council Directive 2005/29/EC (Unfair Commercial
Practices) 8, 11, 14, 205, 210, 216, 221, 225
Recital 18 11
Regulations Recital 19 11
Council Regulation (EC) 44/2001 (Brussels Regulation) Art. 2(a) 11
113, 122 Council Directive 2011/83/EU (Consumer Rights)
Art. 15 123, 126 ix, 33
xxii
¨
¨
¨
The need for
consumer
protection
Revision checklist
Essential points you should know:
1
Why consumers need protecting in commercial transactions
The historical absence of a uniform statutory definition of consumer
How case law has extended definitions of consumer status
¨ The definition of consumer within the Consumer Rights Act 2015
¨ How European law definitions compare with those in English law
¨ The extent to which commercial transactions can be regulated
1 The need for consumer protection
Topic map
Definitions of consumer European definitions

at statute and common law of consumer
Consumer Acting within the course Average Vulnerable

transactions of a trade or business consumer consumer
R & B Customs Stevenson v. Lloyd Schuhfabrik Meyer & Co

Brokers Co Ltd v. Rogers (1999) GmbH v. Klijsen Handel BV
United Dominions C-342/97 (1999)
Trust (1988)
Regulation and enforcement of

consumer protection
CMA
CPP: CCEG
A printable version of this topic map is available from www.pearsoned.co.uk/lawexpress
2
Sample question
Introduction
Because consumers have the potential to be exploited by
unscrupulous traders they receive greater protection from the law.
So, under the aegis of the European Union, the UK has increased regulation by
introducing legislation, codes of practice and powers of enforcement by public
authorities. By regulating transactions between business and consumers, most recent
reform has indeed afforded the consumer greater protection, but these reforms also
need to include small and medium-sized enterprises, so that they can compete on equal
terms. Bear in mind that a customer’s status in a commercial transaction will determine
the level of protection given to them.
Assessment Advice
Essay questions
The question may take the form of a quotation upon which you are invited to comment.
It is important to show, therefore, an understanding of the rationale behind consumer
protection and why a party might prefer to achieve consumer status in a transaction.
When describing various statutory definitions of consumer status, always highlight the
potential loopholes in a definition by comparing and contrasting it with any other apt
definition. Always use case law to illustrate how the courts utilise the definitions to
reflect context, and take the opportunity to comment upon any discrepancies that may
exist between the cases.
Problem questions
Consumer status issues in problem questions usually have to be interpreted alongside
exclusions of liability for defective products or services, and will involve a detailed
analysis of any effects that unfair terms legislation has on consumers and businesses,
examples of which can be found in Chapter 3.
Sample question
Could you answer this question? Below is a typical essay question that could arise on this
topic. Guidelines on answering the question are included at the end of this chapter, whilst
a sample problem question and guidance on tackling it can be found on the companion
website.
3
Essay Question
‘The consumer, unlike some classes with claims on public bounty, is everyone all the
time.’ (The Moloney Committee on Consumer Protection, 1961)
In light of statute and case law on consumer protection in commercial transactions,
discuss the above statement.
Definition of a consumer
Until the introduction of the Consumer Rights Act 2015 (CRA) there was no generic definition
on how a consumer should be referred to in consumer law. Most common reference to the
status of a consumer was in respect of a term that described a behavioural relationship
between suppliers and receivers of goods and services. Statutory attempts to give a
definition of consumer status were often decided by such implicit phrases as ‘acting in
the course of a business’ or ‘dealing as a consumer’. While the Unfair Contract Terms
Act 1977, s. 12(1) (UCTA) recognised a consumer only indirectly as a consequence of the
trading behaviour that emerged from a transaction, the Unfair Terms in Consumer Contracts
Regulations 1999, reg. 3(1) (UTCCR) and the Sale and Supply of Goods to Consumer
Regulations 2002, reg. 2 (SSGCR) defined a consumer as a natural person whose trading
behaviour had a direct bearing on the commercial transaction. It might well be that because
consumer protection is given by criminal sanctions against traders as well as civil remedies
for consumers, a standardised definition for practical use had not then been found.
Exam Tip
When outlining the definitions given above, try to show your understanding of their
meaning by citing everyday examples of consumer transactions. Then distinguish the
definitions given by the former regulations from that given by the Unfair Contract Terms
Act 1979 by emphasising that the consumer should be considered a natural, rather than
an artificial person, i.e. a company. It may be worth commenting on what the situation
might be were a natural person to buy domestic goods which were for use within their
trade or profession. This will show your awareness of the possible conflicts within the
former statutory definitions. A statutory definition was likely to change according to
whether or not it conferred criminal liability (Consumer Protection from Unfair Trading
Regulations 2008) or rights to consumers (Sale of Goods Act 1979) or restricted the
common law rights of traders (Unfair Contract Terms Act 1977).
4
KEY DEFINITION: Consumer transaction
This is a transaction whereby a consumer deals with another party who is carrying out
their trade or business.
Of course, it is not always clear when a party is dealing as a consumer rather than in a
business capacity.
Make your answer stand out

The courts have discovered loopholes in the statutory definitions: notably when a
commercial enterprise buys goods intended for part-business, or part-domestic, use.
Now examine the connection between the terms ‘consumer transaction’ and ‘acting
in the course of a business’. In particular, compare and contrast the following two key
cases which examine the notion of dealing in the course of a business to determine
the existence of a consumer transaction. The decisions may indicate how, in borderline
cases, dealing as a consumer applies to receiving, rather than supplying, goods. See
Dobson (2004); MacDonald (1999); de Lacy (1999).
The following cases illustrate that identifying a party as a consumer in a transaction may be
problematic.
‘Consumer transaction’ or ‘acting in the course

of a business’
Key Case
R & B Customs Brokers Co Ltd v. United Dominions Trust Ltd [1988] 1 All ER 847
Concerning: consumer transaction
Facts
A married couple, who ran a private freight company, bought a second-hand car for their
personal and business use. It soon became apparent that the car was unsatisfactory and
not fit for its purpose, and so they sought a refund under s. 14(2) and (3) of the Sale of
Goods Act 1979. In response to this, however, the defendants claimed to exclude liability
under s. 6(3) of the Unfair Contract Terms Act 1977, stating that the contract was not a
consumer transaction at all as defined by s. 12 of UCTA 1977.
Legal principle
The purchase of the car was merely incidental to the couple’s freight business and in the
absence of a regular course of dealing for just such a purchase, the court held that they
bought the car as consumers.
5
Key Case
Stevenson v. Rogers [1999] 2 WLR 1064

Concerning: acting in the course of a business
Facts
The defendant, a self-employed fisherman for over 20 years, sold his boat to the
claimant. But the boat was not satisfactory. The court had to decide whether the sale was
carried out in the course of a business, in respect of the seller being a ‘man of the sea’,
but not a boat salesman as such.
Legal principle
It was decided that the obligation to supply goods of satisfactory quality would be
imposed on every trade seller, irrespective of whether or not they habitually supplied
goods of that type, i.e. including a boat for whatever purpose a prospective buyer had in
mind for its use, over and above the seller’s. The sale was held to be in the course of a
business because it was the defendant’s business property that was being sold.
The definitions of a consumer according to UCTA 1977

and UTCCR 1999
There was some difference between the definition of a consumer given by the Unfair
Contract Terms Act 1977 and that provided by the Unfair Terms in Consumer Contracts
Regulations 1999, as listed in Table 1.1.
Table 1.1 Definitions of a consumer
Unfair Contract Terms Act 1977, s. 12(1) The Unfair Terms in Consumer
Contracts Regulations 1999, reg.
3(1)
A party to a contract ‘deals as consumer’ in relation ‘Consumer’ means any natural
to another party if – person who, in contracts covered
by these Regulations, is acting for
(a) he neither makes the contract in the course of a
purposes which are outside his
business nor holds himself out as doing so; and
trade, business or profession
(b) the other party does make the contract in the
course of a business; and
(c) in the case of a contract governed by the law of
sale of goods or hire purchase, or by s. 7 of this
Act, the goods passing under or in pursuance of
the contract are of a type ordinarily supplied for
private use or consumption.
6
It is interesting to contrast the definition of ‘consumer’ provided by penal statutes such as
the now repealed Trade Descriptions Act 1968. The following case gives an example of how
the term ‘consumer’ was interpreted in a criminal context.
Key Case
Davis v. Sumner [1984] 1 WLR 1301

Concerning: definition of a consumer under criminal law
Facts
The defendant, a self-employed courier, sold his car, which he had used as a courier,
applying a false description to the mileage. He would only be liable for an offence if it
could be shown that he sold the car ‘in the course of a trade or business’.
Legal principle
It was decided by the House of Lords that the defendant had not committed an offence
because he was not involved in the business of selling cars.
The definition of a consumer according to the Consumer

Rights Act 2015
Key Statute
The Consumer Rights Act 2015 s. 2(3)

‘Consumer’ means an individual acting for purposes that are wholly or mainly outside
that individual’s trade, business, craft or profession.
This wider definition is intended to avoid the problems of conflicting interpretations of
consumer status where individual members of companies deal in products that may
be used outside their trade or profession. Of course according to s. 2(4) of the CRA
2015 a trader, in order to avoid the provisions of the Act, must prove that an individual
who claims to be a consumer was not acting for purposes wholly or mainly outside the
individual’s trade, business, craft or profession.
How, then, does one deal with ‘consumer’ status when dealing with exam questions?
7

If a question requires you to analyse the term ‘dealing as a consumer’, you could point
out that because consumer protection is granted by criminal sanctions as well as civil
remedies, a standard definition may not always be practical. In the past the courts
have not been so willing to impose criminal penalties upon defendants trading in
certain circumstances and, therefore, were less likely to offer consumer protection to
the injured party. However, it is interesting to note how the Consumer Rights Act 2015
defines a trader and whether or not this will make any difference to the interpretation
of acting ‘within the course of a business’.
Key Statute
The Consumer Rights Act 2015 s. 2(2)

‘Trader’ means a person acting for purposes relating to that person’s trade, business,
craft or profession, whether acting personally or through another person acting in the
trader’s name or on the trader’s behalf.
The European definition of consumer

The European Union, while using a definition similar to that of the Unfair Terms in Consumer
Contracts Regulations, has introduced the concepts of the ‘average consumer’ and the
‘vulnerable consumer’ into consumer law by implementation of the Unfair Commercial
Practices Directive 2005/29/EC (UCPD) via the Consumer Protection from Unfair Trading
Regulations 2008 (CPUTR).
The average consumer

The concept of the average consumer in a European-wide context has to take into account
the social, cultural and linguistic practices condoned in a state’s consumer transactions.
The vulnerable consumer

Vulnerable consumers are those who are particularly vulnerable to exploitation and only receive
protection should they belong to a targeted group who are unable to make reliably informed
decisions on their own behalf, such as is the case with the young, old, infirm or credulous.
The European case law

In addressing the issue of how an average consumer might react to misleading commercial
practices, the courts have looked at consumer transactions carried out by the average
consumer in their particular social, cultural and linguistic context.
8
Key Case
Lloyd Schuhfabrik Meyer & Co GmbH v. Klijsen Handel BV C-342/97 [1999] All ER
(EC) 587
Concerning: the nature of the average consumer’s perception
Facts
Lloyd Schuhfabrik of Germany had distributed shoes since 1927 under the registered
name Lloyd, after using various signs as trade marks. The defendant, Klijsen,
had distributed leisure shoes under the registered name Loint since 1970, and
in Germany, since 1991. Klijsen had registered its mark in the Benelux states in
1995 and also applied to register it in Germany. The claimants, Lloyd, opposed the
application and brought proceedings against Klijsen under the German Trade Mark
Act. Klijsen argued that there was no likelihood of confusion between the names Lloyd
and Loint.
Legal principle
The German court asked for a referral to the European Court of Justice, which ruled that
aural similarity between trade marks may create confusion in the mind of the consumer,
and the greater the similarity of goods, the more likely it would create confusion. In
assessing the likelihood of confusion, the court must consider the desire an average
consumer has towards the values expected of certain types of goods. The court
recognised that ‘the average consumer’s level of attention is likely to vary according to
the category of goods and services in question’. Nonetheless, the court assumed that all
average consumers buying shoes would approach their purchase with the same level of
recognition.
Exam Tip
Concentrate on the difference between the definition of ‘consumer transaction’ as

given by UCTA 1977 and the more natural definition provided by the UTCCR 1999 and
its implications for consumer protection. Cite relevant European case law to illustrate
understanding of the concepts of the average and vulnerable consumer and of how these
terms rely on the product marketed and the context of any agreed transaction.
There is a difference between the UK definition of consumer and that introduced by the
legislation emanating from Europe.
9

It is important to appreciate that the concept of the average consumer is not
principled, but subject to the product marketed and context of transaction, as well as
to any cultural practices held over consumer agreements. As for offering vulnerable
consumers protection, assistance will only be given when the vulnerable consumer
is said to belong to a targeted group. An example would be where a trader is selling
toys to children or health products specific to the elderly. Should a vulnerable
consumer belong to a group of average consumers, for example, an elderly person
buying general health products, then that consumer’s reactions will be treated in the
same manner as those of an average consumer (Twigg-Flesner et al. (2005) Para.
3.12, p. 41).
The European definitions of ‘consumer’ will be examined again when dealing with unfair
trading practices.
Revision Note
Both the Unfair Commercial Practices Directive 2005/29/EC and the Consumer Protection
from Unfair Trading Regulations 2008 are dealt with in more detail in Chapter 11.
Chapter 11 deals with criminal liability for unfair trading practices.
Don’t be tempted to . . .
Take care not to underestimate the importance of the 2008 Regulations. These
regulations on unfair trading have replaced the Trade Descriptions Act 1968 and cover
criminal, rather than civil, liability.
As the 2008 Regulations implement the Council Directives, it is interesting to make a

comparison between the Directive and Regulations to see how far the definition of consumer
given in the former matches that in the latter. See Table 1.2 below.
10
The European definition of consumer in the Directive

and 2008 Regulations
Table 1.2 European definitions of a consumer
Unfair Commercial Practices Directive Consumer Protection from Unfair

2005/29 Trading Regulations 2008
Article 2(a) ‘consumer’ means any natural Part 1, reg. 2(1) ‘consumer’ means any
person who . . . [i]s acting for purposes individual who in relation to a commercial
which are outside his trade, business, craft practice is acting for purposes which are
or profession outside his business
Recital Note (18) . . . this Directive Regulation 2(2) In determining the effect
takes as a benchmark the average of a commercial practice on the average
consumer, who is reasonably well consumer where the practice reaches or
informed and reasonably observant and is addressed to a consumer or consumers
circumspect, taking into account social, account shall be taken of the material
cultural and linguistic factors – but also characteristics of such an average
contains provisions aimed at preventing consumer including his being reasonably
the exploitation of consumers whose well informed, reasonably observant and
characteristics make them particularly circumspect
vulnerable to unfair commercial practices.
Regulation 2(5) In determining the effect
Where a commercial practice is aimed at
of a commercial practice on the average
a particular group of consumers, such as
consumer:
children, it is desirable that the impact of
the commercial practice be assessed from (a) where a clearly identifiable group of
the perspective of the average member of consumers is particularly vulnerable
that group to the practice . . . Because of their
mental or physical infirmity, age or
Recital Note (19) Where certain
credulity in a way which a trader could
characteristics such as age, physical
reasonably be expected to foresee
or mental infirmity or credulity make
consumers particularly susceptible . . . in a
way that the trader can reasonably foresee
Exam Tip
Of course, as the Consumer Protection from Unfair Trading Regulations 2008 implement
the Unfair Commercial Practices Directive 2005/29/EC, they are likely to be interpreted to
give effect to what the Directive requires.
11
Regulation of trading practices

So far we have considered statutory control of commercial practices. Administrative control
of commercial practices is exercised by public authorities working in collaboration with
private and voluntary agencies. Whilst such public authorities have been given statutory
power to regulate traders, private and voluntary bodies tend to operate according to codes
of practice, which supplement statutory controls.
Consumer protection agencies

Since April 2014 The Competition and Markets Authority has carried out the duties of the
former Office of Fair Trading and coordinates the working of a range of partner agencies
known as consumer protection partnerships. Table 1.3 gives an outline of the partner
agencies and their roles.
Table 1.3 Consumer protection partnerships
Body Remit
The Department for Business, Innovation Government lead for consumer protection
and Skills (BIS) policy within the UK
Trading Standards Services (TSS) Enforcement, threat assessment – local,
regional and national (for England and
Wales, Scotland and N Ireland)
Trading Standards Institute (TSI) Business education and Consumer Codes
Approval Scheme (CCAS)
Competition and Markets Authority (CMA) Enforcement to address systemic
failures in markets where market-wide
implications for consumer protection
require deterrence or consumer
compensation; UTCCRs enforcement
leadership, enforcement and business
education
Citizens Advice Consumer Service Consumer advocacy, education and
provision of consumer advice including a
Citizens Advice Consumer Helpline
Enforcement powers
To avoid duplication of work the CMA shares most of its consumer protection powers
with a number of other agencies in specific economic sectors. Accordingly, the Consumer
12
Regulation of trading practices
Concurrencies Group (CCG) has been created to improve clarity and share best practice where
areas of responsibility might overlap. These powers will be revisited in Chapters 8 and 11.
Concurrent consumer enforcement groups

These bodies (see Table 1.4) tend to focus on their specific areas of trade and industry.
Table 1.4 Consumer enforcement groups
Organisation Remit for regulation

Advertising Standards Authority Advertising
Civil Aviation Authority Aviation
CMA Cross economy
Financial Conduct Authority Financial services
Ofcom Communications
Office of the Rail Regulator Railways
Ofgem Energy
Ofwat Water
Payphone Plus Premium rate (or phone paid) telephone
services in UK
TSS Cross economy
Which Cross economy – limited consumer
enforcement powers in relation to Part 8 of
Enterprise Act 2002
Exam Tip
You should be aware of the reforms that are emanating from the Consumer Rights
Bill which was introduced into Parliament in June 2013. This Bill aimed to clarify and
consolidate legislation covering distance and doorstep selling, and rights of cancellation,
as well as the sale and supply of goods (including digital content), unfair contract terms
and powers of enforcement. When attempting questions on these topics, you must be
aware of any current or proposed reforms.
13
Putting it all together

Answer guidelines
See the essay question at the start of the chapter.
Approaching the question

The quotation invites you to examine the definition of consumer within a commercial
transaction. Potentially the answer could cover a wide area, so it is best to limit
discussion to a few relevant pieces of legislation. This should give the opportunity for
more detailed analysis and criticism.
Important points to include

You should consider the following:
n Why there has been a shift towards giving the consumer more protection within a
trading relationship.
n How various statutes offered protection by means of defining consumer and trader
status.
n Draw on the definitions in UCTA 1977, s. 12(1); UTCCR 1999, reg. 3(1); SSGCR 2002,
reg. 2; as well as the Consumer Rights Act 2015 ss. 2(2) and (3).
n Are the differences in the definitions significant? Consider whether the legislation
confers criminal liability, civil remedies or consumer rights, or restricts traders’
common law rights.
n To what extent has the European concept of ‘consumer’ as defined in UCPD
29/2005/EC and CPUTR 2008 affected consumer protection?
n Are there any conflicting decisions in the case law that highlight potential problems in
the degree of consumer protection offered?

Keep your answer well-structured and refer to the quotation. Show that you
understand the relevant sections of any legislation used and how they have been
interpreted by case law. Use the case law interpretations to address the issue of
degree of consumer protection. By covering recent European legislation you will
show that you are up to date and innovative in your approach.
14
Putting it all together
Read To Impress
de Lacy, J. (1999) Selling in the Course of a Business under SGA, 62 Modern Law Review, Sept
Dobson, P. (2004) Exclusion Clause: Dealing as a Consumer, Student Law Review 43
MacDonald, E. (1999) In the Course of a Business – A Fresh Examination, 3 Web Journal of

Current Legal Issues
Twigg-Flesner, C. et al. (2005) An Analysis of the Application and Scope of the Unfair Commercial
Practices Directive, Report for the DTI, Para. 3.12, p. 41
www.pearsoned.co.uk/lawexpress
Go online to access more revision support including quizzes to test your
knowledge, sample questions with answer guidelines, podcasts you can
download, and more!
15
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¨
¨
¨
Contract
terms
Revision checklist
Essential points you should know:
2
How to distinguish between a term and a representation
The difference between express and implied terms
Types of terms: conditions, warranties and innominate terms
¨ Terms implied by statutes and common law
¨ Unfair contract terms relating to business and consumer transactions
2 Contract terms
Topic map
Terms and misrepresentations
Bannerman v. White (1861)
Express and implied terms
Classification of terms Conditions

Warranties Innominate
Hong Kong Fir Shipping Co
Ltd v. Kawasaki Kisen
Kaisha Ltd (1962)
Terms implied by statute

Implied terms
Terms implied by law
Scally v. Southern
Health and Social
Services Board (1992)
Attorney General of
Belize v. Belize Telecom Reforms by
Ltd (2009) CRA 2015
Exclusion clauses Statutory control by UCTA

Unfair contract terms
Doctrine of notice and 1977 Leave in
construction Watford Electronics Ltd v.
J Spurling Ltd v. Sanderson CFL Ltd (2001)
Bradshaw (1956) Director General of Fair
Photo Production Ltd v. Trading v. First National
Securicor Transport Ltd Bank plc (2000)
(1980) Office of Fair Trading v.
Abbey National plc (2009)
A printable version of this topic map is available from www.pearsoned.co.uk/lawexpress
18
Introduction
Introduction
Parties to a commercial contract will usually deal on standard form
contracts, the terms of which may or may not have been negotiated.
Terms may be express (written or stated), or implied into an agreement. Sometimes
you will find that a business is not always free to impose its own terms into a contract.
For instance, terms may be implied into a contract by the court as a practical solution
in the interests of business efficacy or fairness. In some cases, a term is implied into a
contract by statute, where it may or may not be excluded or overridden by a business’s
own preferred term. Statutory regulation of terms is provided by the Unfair Contract
Terms Act 1977 (UCTA) and the Consumer Rights Act 2015 (CRA). This topic lends itself
to both essay and problem questions. In either case, you are expected to demonstrate
an understanding of the need to balance the conflicting policies of promoting
competition, while at the same time protecting the interests of the weaker party.
Assessment Advice
Essay questions
Should this topic appear in essay form, you would be expected to provide a critical
analysis of the effect of potentially unfair terms in a standard form contract against both
a business and a consumer.
Problem questions
A problem question will almost certainly focus on several terms within an agreement
that could be a business or consumer transaction. As it is, you could be faced with
potentially unfair terms and be expected to analyse their effect from the aspect of
business and consumer. It is essential to demonstrate detailed knowledge of relevant
sections of the Sale of Goods Act 1979 (SGA), Unfair Contract Terms Act 1977 (UCTA)
and the Consumer Rights Act 2015. In a commercial context, statutory regulation of
potentially unfair terms needs emphasising, although the common law approach should
be used to determine their reasonableness and effectiveness.
19
2 Contract terms
Sample question
Could you answer this question? Below is a typical problem question that could arise on this
topic. Guidelines on answering the question are included at the end of this chapter, whilst a
sample essay question and guidance on tackling it can be found on the companion website.
Problem Question
Mr Plant bought a shrub recommended by the Everlasting Garden Centre (EGC), as he
needed a quick-growing, ground-covering shrub for the botanical garden where he
worked. He used his trade discount card to pay for the plants. Those he had left over
he planted in his own garden back home. Unfortunately, the shrub turned out to be
an invasive and vigorous variety of Japanese giant hogweed and spread so rampantly
that it killed off other plants and even lifted up pathways, resulting in £5,000 worth of
damage to the botanical garden and £1,500 to his garden. When Mr Plant complained to
EGC, his attention was drawn to the following clauses on the invoice:
(1) EGC agree to refund the purchase price of any products that fail to meet satisfactory
standards of quality.
(2) Subject to clause 1 above, EGC undertake no liability for damage, howsoever
caused, by any product that fails to meet satisfactory standards of quality.
Advise Mr Plant on the effectiveness of the above clauses.
T he difference between a term

and a representation
Any pre-contractual statement made by one party to another may be classified either as
a term of the contract or a representation. A distinction should be made between the two
because the remedies for breach of contract differ from those for misrepresentation.
Breach of a term entitles the injured party to claim damages for expectation loss, whereas
an actionable misrepresentation gives rise to a claim for reliance loss. This distinction
becomes significant when examining sale by description in Chapter 3.
KEY DEFINITION: Expectation loss

Damages that aim to fulfil a contract by placing a party in the position they would have
been in were the contract carried out, which may include loss of expected profits.
Of course, where expected profits cannot be ascertained or where no profit is expected, a

party may wish to claim reliance loss.
20
The difference between a term and a representation
KEY DEFINITION: Reliance loss
Damages to put a party back into a pre-contractual position in order to compensate for
out-of-pocket losses.
Guidelines for determining the status of a pre-contractual

statement
The writing test
Any statements written in a document are usually terms.
The skill or knowledge test

Statements made by the party with greater skill or knowledge are more likely to be terms
whereas those made by the party with lesser skill or knowledge are more likely to be
representations.
The time test

The greater the interval between making a statement and entering into a contract, the more
likely the statement will be a representation.
The importance test

A statement that is significant to a party is most often a term.
Key Case
Bannerman v. White (1861) 10 CBNS 844

Concerning: the importance test
Facts
White, who wished to buy hops from Bannerman, asked him whether they had been
treated with sulphur, emphasising that if they had, he would not be interested in buying
them. Quite innocently, Bannerman said that they had not been treated, so White agreed
to buy the hops. It turned out that sulphur had been used on some of the hops, thus White
refused to pay. Bannerman sued for the price.
Legal principle
The defendant made it clear that he would not have entered into the contract if the
statement had not been made. For this reason, the statement was considered a term in
view of its importance to White. Clearly then, the term had been breached and so White
was entitled to withhold payment.
21
2 Contract terms
The above case is an example of sale by description under the Sale of Goods Act 1979, s. 13.
Key Statute
Sale of Goods Act 1979, s. 13(1)

(1) Where there is a contract for the sale of goods by description, there is an implied
(term) that the goods will correspond with the description.
(1A) . . . the term implied by subsection (1) above is a condition.
Revision Note
Sale by description will be examined in greater detail in Chapter 3, alongside other terms
implied by the Sale of Goods Act 1979. It is worth noting here that not every statement
made during contractual negotiations will constitute a sale by description as defined in
s. 13, which specifically refers to the implied term as a condition. For the classification of
terms, see below.
Express and implied terms

KEY DEFINITION: Express terms
Express terms are terms that are written or spoken.
Classification of terms
Traditionally terms have been categorised as conditions or warranties. A condition is a
stipulatory term which, when breached, allows the injured party the option to repudiate
the contract and/or claim damages. A warranty is less stipulatory in the sense that when a
breach occurs an injured party is only entitled to sue for damages.
KEY DEFINITION: Repudiate
A person shows by words or conduct that they do not see themselves as being bound by
a contractual obligation. An example is where a person refuses to perform according to
the terms of a contract.
This classification proved too simplistic, because a term can be breached in many ways with
varying degrees of consequence. Given this, in certain situations a term can be classified as
an innominate term. The following case illustrates how a term classified as a condition can
have variable effects when breached and, as a result, can become innominate.
22
Another random document with
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being greatest among them, who can afford to eat [18]Rice all the
Year round. Kid and Fowl, they have a few, and were all the
domestick Animals I saw.
Remark 4. On the Negroes here, their Clothing, Customs and
Religion.
The Men are well-limbed, clean Fellows; flattish-nosed, and many
with Exomphalos’s; the Effect of bad Midwifry, or straining in their
Infancy to walk; for they are never taught, but creep upon a Matt on
all Fours, till they have Strength to erect themselves; and
notwithstanding this, are seldom distorted. These do not circumcise,
but the Slaves brought from the Northward are frequently so;
perhaps from bordering on Morocco.
The Women are not nigh so well shaped as the Men: Childing, and
their Breasts always pendulous, stretches them to so unseemly a
Length and Bigness, that some, like the Ægyptians, I believe, could
suckle over their Shoulders. Their being imployed in all Labour,
makes them robust; for such as are not Gromettas, work hard in
Tillage, make Palm-Oil, or spin Cotton; and when they are free from
such work, the idle Husbands put them upon breading and fetishing
out their Wool, they being prodigious proud and curious in this sort of
Ornament; and keep them every day, for many hours together, at it.
Their Houses are low, little Hutts, not quite so bad as many in
Yorkshire, built with wooden Stockades set in the ground, in a round
or square form, thatched with Straw; they are swept clean every day;
and for Furniture, have a Matt or two to lie down upon; two or three
earthen or wooden Dishes, and Stools, with a Spoon, all of their own
making. They are idle, principally from want of Arts and domestick
Employments: for as I observed, they are so cautious of planting too
much, and wasting their Labour, that they are really improvident;
smoaking all day in long Reed-Pipes together; unplagued with To-
morrow, or the Politicks of Europe.
Whole Towns shift their Habitations, either when they do not like
their Neighbours, or have more Conveniency somewhere else; soon
clearing Ground enough for what Building and Culture they purpose.
Seignior Joseph, a Christian Negro of this Place, has lately with his
People left a clean, well-built Town, and removed further up the
River. Their Huts are mostly orbicular, forming a spacious square
Area in the middle, and in this, the doors paved with Cockle-Shells;
two or three Crosses erected, and round about, Lime-trees, Papais,
Plantanes, Pine-apples, and a few Bee-hives; the latter made out of
pieces of old Trees, three foot long, hollowed and raised on two
Poles.
In the middle of the Area was a great Curiosity, a large Tree with
500 hanging Nests at least upon it; this is a small familiar Bird, that
builds thus about their Towns, upon the extreme slenderest Twigs,
hanging like Fruit, and declares the Wisdom of Instinct, since it’s
designed a Security for their Young, against Monkeys, Parrots,
Squirrels, &c. Creatures of Prey, whose Weight cannot there be
supported.
Anointing their Body and Limbs with Palm-Oil, is a daily Practice
with both Sexes; some use [19]Civet, but all cast a strong,
disagreeable Smell; this mending it much like as melted Tallow is by
a Perfumer’s Shop.
Palaavers are their Courts of Judicature, where the principal or
elderly Men amongst them meet in a Ring or under a Lodge, to settle
the Differences that arise amongst themselves, or with the Factories;
the frequentest are in relation to Trade. Each salutes the other at
meeting, by a Bend of the Elbow, and raising his Hand to his Face.
When they have heard what each Party has to say, they determine
by Vote, who has the Reason of the thing on their side, and so
punish, or acquit. For Fornication, the Party (whether Man or
Woman) is sold for a Slave. If a white Man lies with another’s Slave,
he is bound to redeem her at a current Price. On a Charge of
Murder, Adultery, or if there can be any other more heinous Crime
among them, the suspected Person must drink of a red Water his
Judges prepare; which is called, purging the Criminal: that is, if the
suspected be of ill Life, or had Envy to the deceased, so that the
Surmizes against him are strong, though they want positive
Evidence; they will give him so much of that Liquor as shall kill him;
but if inclined to spare him, they politickly give less, or make it
weaker, whereby his Innocence appears the better to the Friends
and Relations of the deceased.
Panyarring, is a Term for Man-stealing along the whole Coast:
Here it’s used also, for stealing any thing else; and by Custom (their
Law) every Man has a right to seize of another at any Conveniency,
so much as he can prove afterwards, at the Palaaver-Court, to have
been defrauded of, by any body in the same place he was cheated.
Dancing is the Diversion of their Evenings: Men and Women make
a Ring in an open part of the Town, and one at a time shews his Skill
in antick Motions and Gesticulations, yet with a great deal of Agility,
the Company making the Musick by clapping their hands together
during the time, helped by the louder noise of two or three Drums
made of a hollowed piece of Tree, and covered with Kid-Skin.
Sometimes they are all round in a Circle laughing, and with uncouth
Notes, blame or praise somebody in the Company.
During our stay at this Port, we paid a Visit to Seignior Joseph,
about nine miles up the River. The Reason of his leaving the other
Town, he told me was, the frequent Palaavers he was engaged in,
on account of Differences between his People and the Grimattoes,
and the great Expence he was at, in so near a Neighbourhood with
the English. He has been in England and Portugal; at the last place
he was baptized, and took in that christian Erudition that he
endeavours to propagate. He has built a little Oratory for his
People’s Devotions; erected a Cross; taught several of his Kindred
Letters, dispersing among them little Romish Prayer-Books, and
many of them are known by Christian Names. Those of the Country
not yet initiated, never have but one. Mousi, or Moses; Yarrat, and
Cambar, are very common Names to the Men; Baulee, and Kibullee,
to the Women. Others take the Cognomen from their Disposition;
Lion, Lamb, Bear, Hog, &c. like our Danish Ancestors. Seignior
Joseph, who is very communicative, tells me, to the extent of his
knowledge, the People are cleanly, of good Temper, and docible; all
wishing some Missionaries would think their Conversion and Wants
worth regarding: But the Poverty of their Country will probably keep
them a long time from that Benefit. There is no Invitation in a barren
Soil, scarce of Provisions and Necessaries, Danger of wild Beasts a
mile from Home (especially Wolves;) and about their Houses, Rats,
Snakes, Toads, Musquitoes, Centipes, Scorpions, Lizards, and
innumerable Swarms of Ants, a white, black, and red sort, that build
to 8 or 9 Foot high, dig up the Foundation of their Houses in two or
three Years, or turn a Chest of Cloaths to Dust (if not watched) in as
many Weeks. This Christian Negro, by the Advantage of Trade, has
in some measure removed the Wants of his own Family (his Towns;)
they are tolerably stocked with Guinea Hens, Fish, and Venison;
while the Country fifty miles off, he says, have little to feed on but
Honey, and Manyoco Root. He received us in a Europæan Dress
(Gown, Slippers, Cap, &c.) and sent his Canoos out to shew us the
Diversion of chasing the Manatea; they brought one ashore in two
hours time, and we had stewed, roast, and boiled, with a clean
Table-cloth, Knives and Forks, and Variety of Wines and strong Beer,
for our Entertainment. The Flesh of this Creature was white, and not
fishy; but very tough, and seasoned high (as are all their Dishes)
with Ochre, Malaguetta, and Bell-pepper.
His Kinswomen came into the Room after we had dined, and to
them other Neighbours, saluting those of their own Colour, one by
one, by making a Bend of their right Elbow, so that the Hand comes
nigh the Mouth; the other to whom she addresses, is in the same
Posture, and mixing their Thumbs and middle Fingers, they snap
them gently off, and retreat with a small Quaker-like Obeysance,
decently and without Hurry or Laugh. They shewed likewise much
good-nature towards one another, in dividing two or three Biskets,
and half a Pint of Citron Water (we brought) into twenty Parts, rather
than any one should miss a Taste. In conclusion, Seignior Joseph
saw us to the Boat, and took leave with the same Complaisance he
had treated us.
The Religion here, if it may be called such, is their Veneration to
Gregries: Every one keeps in his House, in his Canoo, or about his
Person, something that he highly reverences, and that he imagines
can, and does defend him from Miscarriage, in the nature our
Country-Folks do Charms, but with more Fear: And these things are
very various; either a cleaved piece of Wood, a Bundle of peculiar
little Sticks or Bones, a Monkey’s Skull, or the like. To these, every
Family has now and then a Feast, inviting one another; but of this
more, under the Word Fetish.
The GRAIN and MALAGUETTA Coasts.
We left Sierraleon and were joined by our Consort the Weymouth,
May 1, from Gambia; we found upon Conference, that both Ships
had like to have ended their Voyage at these first Ports: She had run
on a Sand in that River, wringing three Days and Nights in a Tide’s
way, with great difficulty getting off: We, at Sierraleon letting in Water
to the Ship one Evening, had forgot the Plug, till we had 5 or 6 Foot
Water in the Hold.
The Company’s Presents, we understood by them, were received
well there by the King of Barra, and he has given the Factors leave
to build a Fortification at Gilliflee, a Town commanded by a Woman,
about 15 Miles up the River; made a Duchess by Captain
Passenger, from whence the Custom I believe has been taken up, of
distinguishing the most deserving Fellows at trading Towns by the
Titles of Knights, Colonels, and Captains, which they are very proud
of. This Duchess of Gilliflee has become very much the Factory’s
Friend there, and gives all possible Assistance in their Settlement.
Cape St. Mary’s, or the Starboard Entrance of that River, they
found no Cannibals, as commonly reported among Sailors; but a
civilized People, with whom they wooded their Ship.
On the 4th we were off Cape Monte, and next day Montzerado,
both high Lands; the former appearing in a double, the latter with a
single Hommock; the Country trenching from them, low and woody;
about 35 Fathom Water 3 Leagues from Shore. From the latter,
came off a Canoo with the Cabiceer, Captain John Hee,
distinguished by an old Hat, and Sailor’s Jackett with a greater
number of thick brass Rings on his Fingers and Toes, than his
Attendants. He seemed shy of entering the Ship, apprehending a
Panyarring; his Town’s People having often suffered by the
Treachery of Ships, and they as often returned it, sometimes with
Cruelty, which has given rise to the Report of their being Savages
and Cannibals at several places; very unlikely any where, because
they could not part with their Slaves, which are but few, if they had
this Custom, nor could they have any Trade or Neighbours: Their
Fears would make them shun their Enemies (the rest of Mankind)
and all Correspondence totally cease.
The Fetish they brought off, on this dangerous Voyage, was a
Bundle of small, black Sticks, like a hundred of Sparrowgrass put
into a Bag, knit of Silk-grass, and hanging over one of their
Shoulders, seeming to place a Security and Confidence in it; for I
would have handled and tasted it, but found it put them in a Fright,
saying, to deter me, You didee, you kicatavoo, (i. e.) if you eat, you
die presently.
The mutual Distrust between us, made their present Business only
begging old Breeches, Shirts, Rags, Biskett, and whatever else they
saw, parting in some hurry, and calling to one another for that end, in
a Note like what Butchers use in driving Cattle. They have plenty of
Milhio, Rice, Yamms, and Salt hereabouts.
We found in our coasting by Bashau, and other trading Towns, the
same Fears subsisting, coming off every day in their Canoos, and
then at a stand whether they should enter: The boldest would
sometimes come on board, bringing Rice, Malaguetta, and Teeth,
but staying under Fear and Suspicion. Here we may take these
Observations.
1. Canoos are what are used through the whole Coast for
transporting Men and Goods. Each is made of a single Cotton-tree,
chizelled and hollowed into the shape of a Boat; some of them 8 or
10 Foot broad, carrying twenty Rowers. The Negroes do not row one
way and look another, but all forward, and standing at their Paddles,
they dash together with dexterity, and if they carry a Cabiceer,
always sing; a Mark of Respect.
2. Cabiceers are the principal of the trading Men at all Towns; their
Experience, or Courage having given them that Superiority: All Acts
of Government in their several Districts, are by their Votes.
They came off to us with some English Title and Certificate; the
Favour of former Traders to them, for their Honesty and good
Service; and were they done with Caution, might be of use to Ships
as they succeed in the Trade: Whereas now they contain little Truth,
being done out of Humour, and learn them only to beg or steal with
more Impudence.
3. The Negrish Language alters a little in sailing, but as they are
Strangers to Arts, &c. restrained to a few Words, expressive of their
Necessities: This I think, because in their Meetings they are not
talkative; In their Trading the same Sound comes up often; and their
Songs, a Repetition of six Words a hundred times.
Some Negrish Words.
Didee, Eat. Attee, ho, How do you?
Malafia, } Dashee, a Present.
Govina, } Ivory. Kickatavoo, Killed, or Dead.
Malembenda, Rice. Tossu, Be gone.
Cockracoo, Fowl. Yarra, Sick.
Praam, Good. Fabra, Come.
Nino, Sleep. Brinnee, White Man.
Sam sam, all one. Bovinee, Black Man.
Acquidera, Agreed. Soquebah, Gone, lost.
Oura, Very well. Tongo, Man’s Privities.
Tomy, Arse-clout. Bombo, Woman’s.
Lastly, the Dress common to both Sexes every where, is the Tomy,
or Arse-clout, and the pleating or breading of their Wooll. The Arse-
clout the Women tie about their Hips, and falls half way down their
Thigh all round; but the Men bring it under their Twist, and fasten just
upon the girdling part behind. Both take great delight in twisting the
Wool of their Heads into Ringlets, with Gold or Stones, and bestow a
great deal of Time and Genius in it.
The Women are fondest of what they call Fetishing, setting
themselves out to attract the good Graces of the Men. They carry a
Streak round their Foreheads, of white, red, or yellow Wash, which
being thin, falls in lines before it dries. Others make Circles with it,
round the Arms and Bodies, and in this frightful Figure, please. The
Men, on the other side, have their Ornaments consist in Bracelets; or
Manilla’s, about their Wrists and Ancles, of Brass, Copper, Pewter, or
Ivory; the same again on their Fingers and Toes: a Necklace of
Monkey’s Teeth, Ivory Sticks in their Ears, with a broad head. Most
of them have one, two, or more of these Ornaments, and have an
Emulation in the number and use of them.
When the Nakedness, Poverty and Ignorance of these Species of
Men are considered; it would incline one to think it a bettering their
Condition, to transport them to the worst of Christian Slavery; but as
we find them little mended in those respects at the West-Indies, their
Patrons respecting them only as Beasts of Burthen; there is rather
Inhumanity in removing them from their Countries and Families; here
they get Ease with their spare Diet; the Woods, the Fruits, the
Rivers, and Forests, with what they produce, is equally the property
of all. By Transfretation they get the brown Bread, without the
Gospel: together, as Mr. Baxter observed, they might be good Fare,
but hard Work and Stripes without it, must be allowed an unpleasant
Change. They are fed, it’s true, but with the same Diet and Design
we do Horses; and what is an aggravating Circumstance, they have
a Property in nothing, not even in their Wives and Children. No
wonder then, Men under this View, or worse Apprehensions, should
be prompted with Opportunity frequently to sacrifice the Instruments
of it.
SESTHOS.
We anchored before Sesthos, or Sesthio, May 10th, a Place where
most of our windward Slave-ships stop to buy Rice, exchanged at
about 2s. per Quintal. The River is about half the breadth of the
Thames; a narrow Entrance only for Boats on the starboard Side,
between two Rocks, which, on great Swells and Winds, make the
shooting of it dangerous; the rest of the breadth being choaked with
Sands.
The Town is large, and built after a different Model from those we
have left; they run them up (square or round) four Foot from the
Earth; at that height, is the first and chief Room, to sit, talk, or sleep
in, lined with matted Rinds of Trees, supported with Stockades, and
in the middle of it, a Fire-place for Charcoal, that serves a double
Purpose; driving off Insects and Vermine, and drying their Rice and
Indian Corn. Of the upper Loft they make a Store-house, that runs up
pyramidal 30 foot; making the Town at distance, appear like a
number of Spires, each standing singly.
This, and every Town hereabouts, had a Palaaver-Room, a publick
Place of meeting for the People to council, and transact the Business
of the Society: They are large, and built something like our Lodges
for Carts, open, 4 foot from the Ground; then a Stage to sit, rafted
and well covered against Rain and Sun-shine. Here they meet
without distinction; King and Subject, smoaking from Morning to
Night. At this Place, it is common to bring your Traffick; brass Pans,
pewter Basins, Powder, Shot, old Chests, &c. and exchange for
Rice, Goats and Fowls. Two or three Pipes, a Charge of Powder, or
such a Trifle, buys a Fowl. A 2 pound Basin buys a Goat; and I
purchased two for an old Chest, with a Lock to it. Such a piece of
Mechanism I found a Rarity, and brought all the Country down to
admire. A Watch still encreased their Wonder; and making Paper
speak (as they call it) is a Miracle.
They bring their written Certificates hinted above, and when you
tell them the Contents, or they are made Messengers of Notes
between English Ships, they express the utmost Surprize at such
sort of Knowledge and Intercourse; it infinitely exceeds their
Understanding, and impresses a superior and advantageous Idea of
the Europeans.
The King who commands here has the Name of Pedro; he lives
about five Miles up the River, a Sample of Negro Majesty.
As there is a Dashee expected before Ships can wood and water
here; it was thought expedient to send the Royal Perquisite up by
Embassy (a Lieutenant and Purser) who being in all respects equal
to the Trust, were dismissed with proper Instructions, and being
arrived at the King’s Town, they were ushered or thrust in by some of
the Courtiers into the common Palaaver-Room (to wait the King’s
dressing, and coming from his Palace) his publick Audience being
ever in the Presence of the People. After waiting an hour, King Pedro
came attended by a hundred naked Nobles, all smoaking, and a
Horn blowing before them. The King’s Dress was very antick: He had
a dirty, red Bays Gown on, chequer’d with patch-work of other
Colours, like a Jack pudding, and a Fellow to bear the Train, which
was a narrow Slip of Culgee tacked to the bottom of the Gown. He
had an old black full-bottom’d Wig, uncombed; an old Hat not half big
enough, and so set considerably behind the Fore-top, that made his
meagre Face like a Scare-crow; coarse Shoes and Stockings,
unbuckled and unty’d, and a brass Chain of 20lib. at least about his
Neck.
To this Figure of a Man, our modern Embassadors in their Holiday
Suits, fell on their Knees, and might have continued there till this
time, for what Pedro cared: He was something surprized indeed, but
took it for the Fashion of their Country, and so kept making instant
Motions for the Dashee. This brought them from their Knees, as the
proper Attitude for presenting it; consisting in a trading Gun, two
pieces of salt Ship-beef, a Cheese, a Bottle of Brandy, a Dozen of
Pipes, and two Dozen of Congees. But Pedro, who understood the
Present better than the Bows, did not seem pleased when he saw it;
not for any defect in the Magnificence, but they were such things as
he had not present Occasion for; asking some of their Clothes and to
take those back again, particularly their Breeches, sullied a little with
kneeling in the Spittle: But on a Palaaver with his Ministers, the
Present was accepted, and the Officers dismissed back with a Glass
of Palm-Wine and Attee, ho, (the common way of Salutation with
Thumbs and Fingers mixed, and snapping off.)
To smooth the King into a good Opinion of our Generosity, we
made it up to his Son, Tom Freeman; who, to shew his good-nature,
came on board uninvited, bringing his Flagelet, and obliging us with
some wild Notes. Him we dress’d with an edg’d Hat, a Wig, and a
Sword, and gave a Patent upon a large Sheet of Parchment,
creating him Duke of Sesthos, affixing all our Hands, and the
Impress of a Butter mark on Putty.
This was taken so kindly by the Father, that he sent us a couple of
Goats in return, and his younger Son Josee for further Marks of our
Favour; whom we dignified also, on a small Consideration, with the
Title of Prince of Baxos. Several indeed had been titled, but none so
eminently, as by Patent, before; which procured us the entire good-
will of the King; suffering us at any time to hawl our Searn in the
River, where we catched good store of Mullets, Soles, Bump noses,
and Rock-fish; and to go up to their Villages unmolested.
In one of these Towns, some others of us paid a Visit to his
Majesty, whom we found at a Palace built as humble as a Hog-sty;
the entrance was narrow like a Port-hole, leading into what we may
call his Court-Yard, a slovenly little Spot, and two or three Hutts in it,
which I found to be the Apartment of his Women. From this we
popped through another short Portico, and discovered him on the left
hand, upon a place without his House, raised like a Taylor’s Shop-
board, and smoaking with two or three old Women, (the favourite
Diversion of both Sexes.) His Dress and Figure, with the novelty of
ours, created mutual Smiles which held a few Minutes, and then we
took leave with the Attee, ho.
From his Town we went to two others still farther up the River; at
one of them was a bright yellow-colour’d Man, and being curious to
know his Original, were informed (if we interpret their Signs and
Language right) that he came from a good distance in the Country,
where were more. Captain Bullfinch Lamb, and others, have since
told me, they had seen several; Mr. Thompson, that he saw one at
Angola, and another at Madagascar; a great Rarity, and as
perplexing to account for, as the black Colour.
Exomphalos’s are very common among the Negroes here. I saw
also one squint-ey’d; another without a Nose; and another with a
Hair Lip; Blemishes rare among them. Circumcision is used pretty
much; not as a religious Symbol, but at the Humour of the Parent,
who had found a Conveniency in it.
The Diet is Rice, Potatoes, Yacoes or Indian Corn, Parsly, and
other Vegetables; the Cultivation of which, and their domestick
Affairs, are all imposed on the Women.
In general may be observed, they are exceeding cowardly, like
other Countries undisciplined; a whole Town running away from a
Boat with white Men. Thievish on their own Dunghills; none of them
seeming to have any Notion of it as a Crime, and quarrel only about
a Share of what is stole. So lazy, that Scores of them will attend our
Searn for a Bisket, or the Distribution of such small Fish as are
thrown by; for tho’ their Waters afford great Plenty, they want the
Means or Inclination to catch them; chusing rather to loiter and jump
about the Sands, or play at round Holes, than endeavour to get Food
for themselves.
Cape A P O L L O N I A .
From Sesthos, we reached in two or three Days Cape Palma;
weighed Anchor from Jaque a Jaques, the 28th; from Bassau, the
30th; Assmee, the 31st; and anchored here the 6th of June. In this
part of our Sailing may be observed,
1. That the Land from Sierraleon, excepting two or three Capes,
and that about Drewin, appears low, and the first Land you see (as
the Irishman says) is Trees; runs very streight without Bays or Inlets,
which makes it difficult to distinguish, and impossible for us to land
safely at; the Surff breaking all along to a great height, by means of a
continued Swell from a vast Southern Ocean; a Sea which the
Natives only understand, and can push their Canoos through. This
seems a natural Prohibition to Strangers, and whence it follows in
respect to Trade, that Ships are obliged to send their Boats with
Goods near Shore, where the Natives meet them, and barter for
Slaves, Gold, and Ivory; for at many places a Grandee Shippee (as
they call it) affrights them, and they will venture then, as I imagine
they can swim.
2. The Ground is very tough, our Consort and we losing three
Anchors in heaving a Purchase; we stopping at Nights for fear of
over-shooting Places of Trade.
3. We find pretty equal Soundings, about 14 Fathom Water, a
League from Shore, unless at one noted place, a Lusus Naturæ,
called the bottomless Pit, 7 Leagues below Jaque a Jaques, where
the Depth is all at once unfathomable, and about three Miles over.
The great Sir Is. Newton, in his calculating the Force of Gravity,
says, Bodies decrease in their Weight, and Force of their Fall, in the
Proportion of the Squares of Distance from the Center; so that a Tun
at the Surface of the Earth would weigh but ¼ of a Tun, removed
one Semi-Diameter of the Earth higher; and at three Semi-
Diameters, but the 1/16 of a Tun. In like manner their Velocities of
Descent decrease: A Body at the Surface which would fall 16 foot in
a Second, at 12000 Miles high, or three Semi-Diameters, would fall
only 1/16, or one Foot in a Second; but at all given Distances,
something, &c.
Now, according to this Rule, heaving a Lead in great depths of
Water, the Velocity should increase with the descent or sinking of it;
since in the Progress of Gravity, the falling Body in every space of
Time receives a new Impulse, and continually acting, the same
Gravity super-adds a new Velocity; so that at the end of two
Seconds, to be double what it was at the end of the first, and so on,
which here the Weight of the super-incumbent Medium should still
more accelerate. Yet a Lead-line is drawn out perceptibly slower at
the second, than the first hundred Fathoms: But perhaps this
proceeds from the increasing quantity of Line to be drawn with it, not
so equally apt to demerge, and a Nisus in all Bodies of Water, from
below upwards, contrary to Gravity.
4. The Winds were more Southerly than above, checking the
Land-Breeze, which obtaining brings strong unwholesome Smells
from the Mangroves.
5. Their Diet being very slovenly, and much of a piece in this
Track, I shall here entertain you with two or three of their Dishes.
Slabbersauce is made of Rice and Fish, a Fowl, a Kid, or
Elephant’s Flesh, the better for being on the stink. They boil this with
a good quantity of Ochre and Palm-Oil, and is accounted a royal
Feast.
A Dog is a Rarity with some: Our Master had a little Boy-Slave of
eight years of Age, in exchange for one. At other Places, Monkeys
are a very common Diet.
Bomini is Fish dried in the Sun without Salt; stinking, they put it in
a Frying-pan with Palm-Oil, then mixed with boiled Rice, snatch it up
greedily with their Fingers.
Black Soupee is a favourite Dish, as well at our Factories, as
among the Negroes; we make it of Flesh or Fowl, stew’d sweet, with
some uncommon tasted Herbs; but the ascendant Taste is Pepper,
Ochre, and Palm-Oil. At first I thought it disagreeable, but Custom
reconciled it as the best in the Country: Men’s way of Diet being
certainly a principal Reason why in all places some of Land and Sea-
animals are approved or rejected; liked in one Country, and detested
in another.
To return to Jaque a Jaques; we met there the Robert of Bristol,
Captain Harding, who sailed from Sierraleon before us, having
purchased thirty Slaves, whereof Captain Tomba mentioned there
was one; he gave us the following melancholly Story. That this
Tomba, about a Week before, had combined with three or four of the
stoutest of his Country-men to kill the Ship’s Company, and attempt
their Escapes, while they had a Shore to fly to, and had near
effected it by means of a Woman-Slave, who being more at large,
was to watch the proper Opportunity. She brought him word one
night that there were no more than five white Men upon the Deck,
and they asleep, bringing him a Hammer at the same time (all the
Weapons that she could find) to execute the Treachery. He
encouraged the Accomplices what he could, with the Prospect of
Liberty, but could now at the Push, engage only one more and the
Woman to follow him upon Deck. He found three Sailors sleeping on
the Fore-castle, two of which he presently dispatched, with single
Strokes upon the Temples; the other rouzing with the Noise, his
Companions seized; Tomba coming soon to their Assistance, and
murdering him in the same manner. Going aft to finish the work, they
found very luckily for the rest of the Company, that these other two of
the Watch were with the Confusion already made awake, and upon
their Guard, and their Defence soon awaked the Master underneath
them, who running up and finding his Men contending for their Lives,
took a Hand-spike, the first thing he met with in the Surprize, and
redoubling his Strokes home upon Tomba, laid him at length flat
upon the Deck, securing them all in Irons.
The Reader may be curious to know their Punishment: Why,
Captain Harding weighing the Stoutness and Worth of the two
Slaves, did, as in other Countries they do by Rogues of Dignity, whip
and scarify them only; while three others, Abettors, but not Actors,
nor of Strength for it, he sentenced to cruel Deaths; making them
first eat the Heart and Liver of one of them killed. The Woman he
hoisted up by the Thumbs, whipp’d, and slashed her with Knives,
before the other Slaves till she died.
From this Ship we learned also, that the inland Country who had
suffered by the Panyarrs of the Cobelohou and Drewin People, have
lately been down, and destroyed the Towns, and the Trade is now at
a stand; and perhaps the Consciousness of this Guilt increases their
Fears of us. The Ceremony of contracting Friendship and Trade, is
dropping a little salt-water into the Eye, or taking it into their Mouth,
and spurting out again; which must be answer’d, or no Trade will
follow.
At Cape Apollonia, the Natives are of a jet black, very lively and
bold, accustomed to Trade, and better fetished than their
Neighbours; have cleaner and larger Tomys, wear Amber Beads,
Copper Rings, Cowrys, and their Wooll twisted in numberless little
Rings and Tufts, with bits of Shell, Straw, or Gold twisted in them.
They have all a Dagger † cut in their Cheek, and often in other Parts
of their Body: A Custom preserved among a few, down to the Gold
Coast. The Romans and Goths, when possessed of Barbary,
exempted the Christians from Tribute; and to know them, engraved a
+ upon their Cheeks; but this seems too distant for any Analogy with
theirs. All we learn is, its being a very ancient Custom, and
distinguishes them from the Country, who they Panyarr and sell for
Slaves, naked at 4 oz. per Head; allowing 100 per Cent. on Goods,
they cost at a medium 8l. Sterling. The Cabiceers, out of this,
demand a due of 20s. and the Palaaver-Man 10s. whence I
conjecture they are more regularly trained to Panyarring or thieving,
than the Towns we have past.
There is a great deal of Ground cleared about this Cape, and
sown with Indian Corn; first brought among the Negroes, it’s said, by
the Portuguese.
Cabo T R E S P U N T A S .
We stopped a few Hours at Axim in our Passage from Apollonia, and
anchored here June 7, most Ships doing it for the Conveniency of
watering, more difficultly supplied at any parts above. It is called
Three Points, from that number of Headlands that jutt one without
the other; within the innermost is a commodious Bay, nigh the
watering-place. John Conny, who is the principal Cabiceer, exacts a
Duty from all Ships, of an Ounce of Gold, for this Privilege; and
sends off a Servant with his Commission, a large Gold-headed
Cane, engraved John Conny, to demand it. Our Neglect herein, with
some opprobrious Treatment of the Agent, occasioned John Conny
next day to come down with a Posse and seize our Water casks
ashore, carrying away ten or a dozen of our Men Prisoners to his
Town. The Officer among them endeavouring to distinguish to John
the Difference of a King’s Ship from others, got his Head broke: John
(who understood English enough to swear) saying, by G—— me
King here, and will be paid not only for my Water, but the Trouble
has been given me in collecting it. Drink on, says he to the Sailors,
(knocking out the Head of a Half-Anchor of Brandy,) and eat what my
House affords; I know your part is to follow Orders. John, after some
trouble in negotiating, accepted in recompence, six Ounces of Gold,
and an Anchor of Brandy.
His Town stands about three Miles Westward of the watering-
place; large, and as neatly raftered and built, as most of our North or
West small Country Villages. Every Man his Coco-trees round the
House, and in the Streets (such as they are) sit People to sell the
Nuts, Limes, Soap, Indian Corn, and what is a great part of their
Food, Canky, the Work of the Women. It is made of Indian Corn,
after this manner; they pound it in a Mortar for some time, then
malaxing it with Water and Palm-Wine, they grind it still finer with a
Mull upon a great Stone, which every House almost has at the Door
for that purpose; baked or boiled in Cakes, it makes a hearty and
well-tasted Bread.
The Danish (or, as they say, the Brandenburghers) Fort was on an
adjacent Hill, of four or five Bastions, and could mount fifty Guns.
The Garison, when in being, probably taught the Natives the way of
marketing, observed only where the Factories are; but being some
few years since relinquished by them, it’s now in John Conny’s
possession, and has raised up some Contests and Palaavers with
the Dutch: for they pretending a Title of Purchase, sent a Bomb-
Vessel and two or three Frigates last Year, to demand a Surrendry;
but John being a bold and subtle Fellow, weighing their Strength,
answer’d, that he expected some Instrument should be shewed him
to confirm the Brandenburghers Sale; and even with that (says he) I
can see no Pretence but to the Guns, the Brick, and Stone of the
Building, for the Ground was not theirs to dispose of. They have paid
me Rent for it, (continues he) and since they have thought fit to
remove, I do not design to tenant it out to any other white Men while
I live. This sort of Palaaver nettled the Dutch; they threw in some
Bombs and Shot; and heating more with Rage and Brandy, very
rashly landed forty of their Men under the Command of a Lieutenant
to attack the Town: They fired once without any Damage, and then
John at the Head of his Men, rushing from under the Cover of the
Houses, outnumbred and cut them in pieces; paving the entrance of
his Palace soon after, with their Skulls.
This Advantage made him very rusty, upon what he called his
Dues from every body, tho’ just in Trade; and when we had returned
to a good Understanding, my self, with some other of our Officers
paid him a Visit: Our landing was dangerous, the Southerly Winds
making so great a Surff, nor could we do it by our own Boats, but
Canoos of his sending, paying an Accy for the Service; they count
the Seas, and know when to paddle safely on or off. John himself
stood on the Shore to receive us, attended with a Guard of twenty or
thirty Men under bright Arms, who conducted us to his House; a
Building pretty large, and raised from the Materials of the Fort. It
ascends with a double Stone Stair-case without, of twelve Steps; on

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Consumer and Commercial Law 4th

Edition Kudith Tillson

Commercial Law 4th Edition Eric Baskind

Commercial Law Eric Baskind

Business Law: Text & Cases – Commercial Law for

Fundamental Concepts of Commercial Law Oxford

International Commercial Contracts: Contract Terms,

Nigerian Consumer Credit: Law, Regulation and Market

Connecting With Law 4th Edition Sanson

Consumption and Consumer Society: The Craft Consumer

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Chapter 1: The need for consumer protection 1

And finally, before the exam … 227

What do you think of ?

Effect of the CRA 2015 on existing legislation

Key definitions – Make sure you understand essential legal terms.

Take exams with confidence

Don’t be tempted to – Spot common pitfalls and avoid losing marks.

Statutory Instruments Consumer Credit (Advertisements) Regulations SI

Definitions of consumer European definitions

Consumer Acting within the course Average Vulnerable

R & B Customs Stevenson v. Lloyd Schuhfabrik Meyer & Co

Regulation and enforcement of

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KEY DEFINITION: Consumer transaction

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‘Consumer transaction’ or ‘acting in the course

Stevenson v. Rogers [1999] 2 WLR 1064

The definitions of a consumer according to UCTA 1977

Davis v. Sumner [1984] 1 WLR 1301

The definition of a consumer according to the Consumer

The Consumer Rights Act 2015 s. 2(3)

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The Consumer Rights Act 2015 s. 2(2)

The European definition of consumer

The average consumer

The vulnerable consumer

The European case law

Concentrate on the difference between the definition of ‘consumer transaction’ as

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Chapter 11 deals with criminal liability for unfair trading practices.

As the 2008 Regulations implement the Council Directives, it is interesting to make a

The European definition of consumer in the Directive

Unfair Commercial Practices Directive Consumer Protection from Unfair

Regulation of trading practices

Consumer protection agencies

Table 1.3 Consumer protection partnerships

Concurrent consumer enforcement groups

Table 1.4 Consumer enforcement groups

Organisation Remit for regulation

Putting it all together

Approaching the question

Important points to include

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Dobson, P. (2004) Exclusion Clause: Dealing as a Consumer, Student Law Review 43

MacDonald, E. (1999) In the Course of a Business – A Fresh Examination, 3 Web Journal of

Express and implied terms

Classification of terms Conditions

T he difference between a term