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GAZETTE
AUGUST/SEPTEMBER
New Horizons in Law:
Consumer Protection Legislation
EDWARD J. DONELAN, B.A., Barrister at Law,
Vice-Chairman Consumers' Association of Ireland.
Mrs. Murphy, two children at her side, pregnant with a
third, stands in a supermarket queue: the inevitable
display of chocolates at the checkout desk prompts the
conditioned plea from the children for "Zapo" chocolate
bars. Mrs. Murphy, her mind dulled by tiredness, half
remembering that "Zapo is the ideal snack between
meals", reaches instinctively for the chocolate bar.
The law steps in at this stage to warn Mrs. Murphy in
Latin "caveat emptor". The law says that Mrs. Murphy
contracts freely, but long before buying, her decision has
been influenced by newspaper, television and billboard
advertisements. Her tastes are determined by colourful
packages and the special offers of marketing experts.
With inflation as a constant threat to her income she will
try to save and will instinctively leap at special offers,
sometimes without due regard to value.
Indirect Protection
Although the law allows buyers and sellers to contract
freely and the basic rule is "caveat emptor" the law
occasionally steps in to protect the consumer. Where the
Sale of Goods Act 1893 applies, the law lays down
standards of fitness for purpose and merchantable
quality. The law indirectly lays down standerds to protect
consumers' health in the Public Health Acts and directly
protects the consumer where orders are made under the
Institute of Research and Standards Act, 1961 and the
Food Standards Act, 1974. Orders, however, are seldom
made under these Acts.
Even where the consumers have laws to protect them
they may be unaware of the laws or may lack the
resources to uphold a claim. Thus for many people the
law is irrelevant to their needs; much of the law affecting
consumer transactions was developed in an age when
buyer and seller knew each other and the buyer could
easily determine the composition of goods and see if they
fitted his purpose.
More positive help needed
The consumer today is presented with a variety of pre-
packed goods which cannot be examined until they are
brought home; complex electrical equipment, like
television sets and washing machines, need spare parts
and maintenance, sometimes from a factory in another
country; clothing and footwear are made from a variety
of natural and synthetic materials. In these circumstances
the buyer needs more positive help than a warning to
beware and a diverse collection of laws which provide
only a small measure of indirect protection.
Need to discriminate
In addition to the problem of choosing goods which
suit his needs, the consumer must learn to discriminate in
his reactions to advertising; he must learn to question
whether manufacturers claims are true — whether "X"
really washes whiter. He must learn to recognise that his
choice of product "Y" which he associates through
advertising with good times and popularity will not
automatically bring him good times or popularity.
Consider the problem of the old-age pensioner who
sees a certain product advertised everywhere. At his local
supermarket he sees the product on sale — "three packets
for the price of two". He needs half a packet but one
packet will cost him more than a third of the price of the
special offer. He tries to make a comparison with
competing product and finds it packed in a different size
so that comparison is impossible.
These situations illustrate that the terms of trade
between buyer and seller have altered since the sixteenth
century days of "caveat emptor", and the nineteenth
century Sale of Goods Act. Advertising, marketing and
modern packaging do not leave a consumer with such a
measure of freedom making a contract.
Other Countries
In other countries the changes in the terms of trade
have been reflected by changes in the law and the
development of institutions which serve to create a better
balance between buyer and seller; in Britain, Sweden,
Canada and the United States laws have been passed to
prevent misleading statements in advertising and to
encourage more honesty in trades descriptions.
Other laws prescribe rules for packaging and labelling
of consumer products in order to help the consumer make
a more informed choice between goods on sale. In Britain,
Sweden and the U.S. a system of small Courts has been
created where consumers can litigate small claims with a
minimum of formality and expense.
Consumer Education
These countries, to mention a few, have also
recognised that laws are of little use unless they are
understood by the ordinary people. Consumer education
is thus encouraged in schools so that children learn to
spend as well as to earn their money, informative leaflets
are produced and distributed through Citizens Advice
Bureaus, Consumer Advice Centres, which inform people
how to spend wisely and get value for money.
E.E.C.
Many countries have thus recognised the need to
protect consumers and help them to spend wisely. The
Council of Europe have drawn up a Consumer Charter,
but more important, one of the basic aims of the Treaty of
Rome is, "the constant improvement of living standards
of the peoples of the Community".
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