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The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where it is needed. The aim of the Commission is to ensure that the law is:
- fair
- modern
- simple
- as cost-effective as possible
Law Commission welcomes Draft Consumer Rights Bill
The Department for Business, Innovation and Skills has published a new Consumer Rights Bill, which incorporates many of the Law Commission's recommendations.
Law Commissioner David Hertzell says: "We particularly welcome the provisions on unfair terms, and the clarification that prices are only exempt from review if they are transparent and prominent. This issue has caused considerable litigation, especially over unauthorised bank charges. In March 2013 we recommended this change to provide greater certainty, for the benefit of both consumers and businesses.
We also welcome the introduction of a clear 30 day period to reject faulty goods, as recommended in our 2009 report. After this time, consumers may demand a repair or replacement."
Under the current law, if the fault develops after 30 days, and the retailer is unable to a provide a repair or replacement, the consumer may require the retailer to refund the purchase price less an allowance for use. It is notoriously difficult to value the use a consumer has had from a faulty product, and the provision causes considerable dispute. We are disappointed that the Government has not taken the opportunity to remove this source of frustration for consumers.
Latest news
- Care Bill, implementing our recommendations for reform of adult social care law, introduced into the House of Lords 9 May 2013
- Patents, Trade Marks and Design Rights: Groundless Threats consultation opens 17 April 2013
- Unfitness to Plead consultation responses published 10 April 2013
- Interim statement on Taxis and Private Hire Vehicles 9 April 2013
- Renting Homes in Wales report published 9 April 2013
- Consultation opens on Conservation Covenants 28 March 2013
- Fiduciary Duties of Investment Intermediaries new project started 26 March 2013
- Government accepts recommendations made in our report Intestacy and Family Provision Claims on Death 21 March 2013
- Unfair Terms in Consumer Contracts: Advice to the Department for Business, Innovation and Skills published 19 March 2013