Background Information
When we are looking at the word 'Consumer', it is important to make students realise that we are not just looking at buying and selling.

Anyone who buy a magazine or goes to the cinema is a Consumer and they are directly taking the decision to buy those goods or services.

The dictionary definition of Consumer is 'the user of an article' and it is therefore important to remember that we are also Consumers when we pay for goods and services indirectly via our taxes, eg - schools and health service.

When we buy goods and services, there is usually a chain of other people involved and this can increase the chances of something going wrong.

It is, therefore, very important to have rules both when buying and when selling goods to ensure that everyone involved in the chain expects the same thing to happen.

Rules also exist to ensure that Consumer has the:

• Right to choice
• Right to accurate information
• Right to safety
• Right to value for money
• Right to redress

In order to understand how Consumer Law affects our everyday lives, it is important that students understand the difference between Civil and Criminal Law.

Civil Law
Civil Law deals with the rights and duties of one individual to another. One of the main areas of civil law that applies to Consumers is the law of Contract. The law will determine whether a promise is legally enforceable and its legal consequences.

Criminal Law
Criminal Law is concerned with establishing social order and protecting the community as a whole. It gives us a set of rules for peaceful, safe and orderly living. People who break these laws can be prosecuted and if found guilty they could be fined or sent to prison, or both.

What is a Consumer is covered in Yr7 - Rights & Responsibilities

Consumer Rights and Responsibilities are covered in YR 8 - Rights and Responsibilities

Background Information
on Trading Standards Service is given in Government and Democracy - Year 7

The work of the Trading Standards Department can be divided into 3 main areas:

• Enforcement
  
• Complaints and Advice
  
• Education

1) Enforcement

As well as the Weights and Measures Act 1985, there are also other Acts that place a duty of enforcement upon local authorities and it is therefore mandatory that they are enforced.

• Agriculture Act 1970
  
• Consumer Credit Act 1974
  
• Consumer Protection Act 1987
  
• Copyright, Designs and Patents Act 1988
  
• Estate Agents Act 1979
  
• Explosives Act 1875 and 1923
  
• Fair Trading Act 1973
  
• Food Safety Act 1990
  
• Hallmarking Act 1973
  
• Poisons Act 1972
  
• Prices Act 1974 and 1975
  
• Trade Descriptions Act 1968

Officers from Trading Standards regularly inspect local shops, importers and manufactures to ensure that they are complying with their obligations under the legislation. Where a trader is found to be breaking the law, the Officer has the power to caution or prosecute.

There are also a number of permissive pieces of legislation, which a local authority chooses to enforce, even though they are not obliged to do so. Examples of this are listed below (this is not an exhaustive list)

• Business Names Act 1985
  
• Road Traffic Acts 1972 and 1974
  
• Unsolicited Goods and Services Act 1971 and 1975
  
• Mock Auctions 1971

2) Complaints and Advice

With the ever increasing range of goods and services combined with the amount of legislation that covers them, life can be complicated for both consumers and traders. For this reason, the majority of Trading Standards Departments will run a Helpline and most Trading Standards helplines can be used:

• For consumers (and traders) to complain about traders who are not complying with legislation
  
• For consumers to seek help on a consumer problem
  
• For consumers to obtain pre-shopping advice to avoid running into problem
  
• For traders to seek advice on complying with legislation
  
• For traders to seek advice on problems that consumers have with their products

Officers will investigate criminal complaints made against traders in their locality and they will also give advice and send out leaflets on a range of other consumer matters.

3) Education

Trading Standards receives so many complaints every year that demonstrate how consumers and traders are often not aware of their legal rights and responsibilities. It has been recognised that many of these could have been avoided if consumers and traders receive adequate education on the subject.

Trading Standards staff work hard on projects like 'Ask Cedric' to ensure that as many young people as possible are taught about their rights and responsibilities from a young age. After all, not only will students grow up to be the consumers of the future, BUT they will also be the traders of the future.

Playsafe provides a vehicle, not only, for worthwhile study information but also the opportunity for innovative individual or team project work in a classroom situation. If you would like to receive a FREE CD-ROM about this project, click here.

Background Information

Sale of Goods Act 1979 (as amended)

Your Rights when you buy Goods - If you buy any goods from a trader, no matter which method of buying you choose or from whatever type of shop, the law says that the goods must be:-

(i) of satisfactory quality - a pair of trousers shouldn't have the zip put in back to front;

(ii) fit for the purpose - wellington boots shouldn't let in water;

(iii) as described - a jacket described as leather shouldn't be plastic.

If the seller breaks any of these conditions then he is in breach of his contract with you. You may be able to return the goods and get your money back, or claim some cash compensation. Either way, it's the retailer who has to compensate you, not the manufacturer.

But you're not entitled to anything if:-

• You simply change your mind about wanting the goods
• You damage them yourself
  
• You were told that the goods were faulty, or it was so obvious that you should have noticed before you bought them.

Guarantees
You may be given a manufacturer's guarantee which won't affect the retailer's responsibility to you in any way. Quite simply, a guarantee like this gives you extra rights, but if the goods you buy are faulty from the start then it's better to take them back to the shop and ask for your money back.

Occasionally a retailer may give you a verbal (spoken) guarantee. Don't put too much faith in it because he could easily deny it later on unless you have a witness who could back up your story. To be on the safe side ask for guarantees to be in writing and make sure that you're clear about what they cover. Some may require you to pay part of any repair costs.

Second-Hand Goods
Although you can't expect the same quality that you'd expect from new ones, second-hand goods should still be in reasonable condition (bearing in mind their age and price) and fit for use - unless you're told otherwise. For instance, if you bought a car that was being sold as scrap you couldn't complain about it being unroadworthy.

Sales
Unless you're told that goods are reduced in price because there's something wrong with them you can still return them if they're faulty or if they don't do their job properly. If a shop puts up a notice saying "No refunds given" it is breaking the law and you should report it to your local Consumer Protection/Trading Standards Office.

Private Deals
If you buy from a friend, relative or someone who isn't in business it is classed as a private sale. The law does not give you as much protection so you should be extra careful. Sometimes traders will pretend that they are selling privately by using the small ads columns in newspapers to try to avoid their responsibilities.

It is always a good idea to take someone along with you if you're buying from a private person. Your rights may depend on what the seller tells you. So it helps to have a witness.

False Descriptions
If a trader misleads you in any way by.-

• falsely describing the goods he's selling; (or)
  
• charging you more than the advertised price; (or)
  
• giving you less than you've paid for;

then they may be breaking the law. Again, you should report things like this to your Trading Standards Office.

Supply of Goods and Services Act 1982

Your Rights when Buying Services
Services are jobs you ask traders to do for you like dry cleaning your jacket or repairing your motorbike. The law says that a trader must:-

• do the work within a reasonable time
  
• charge you a reasonable price
  
• do the job to a reasonable standard.

If the trader fails to do any of these things you may be able to ask for your money back.

Sometimes a job will involve the trader supplying goods as part of the job, for example by fitting a new exhaust to your car or putting a new zip into your jeans. In cases like this the goods supplied have to be:-

• of satisfactory quality
  
• fit for the purpose
  
• as described.

What should I do if I have got a Complaint?

If you have bought goods and are dissatisfied, you should:

• stop using the item as soon as possible
  
• take the item back to the store
  
• keep your receipt (or use another form of proof of purchase)
  
• speak to the Manager and explain the fault

If the shop refuses to help you remain calm and leave the store with your goods and your receipt. You can then contact Trading Standards or the Citizens Advice Bureau for further help and advice. If after following their advice, the problem remains unresolved then you will need to consider taking a Small Claims action against the trader in the County Court

The Smart Shoppers' Guide was written by Essex County Council Trading Standards (and has been adapted for the Internet by Oxfordshire County Council Trading Standards Service). It contains a range of teaching activities, including ideas for role plays that student can undertake to learn how to complain effectively.

This resource contains sections on:

Consumer Rights

Consumer Wrongs

Services

The Office of Fair Trading Website contains information on 'Your Rights when Shopping'

The Department of Trade and Industry's Consumer Gateway website provides information on:

Holiday Problems

Home Improvements

How to complain

Background Information
Sometimes people can be faced with an unexpected legal problem and need to get legal advice to help them deal with it. Apart from going to see your local Trading Standards Department, you can also go to:

• Citizens' Advice Bureau - Although many bureaux are staffed, principally by volunteers. They may not be legally qualified, but will have access to local solicitors who work for the bureau. Their advice is free. If the bureau doesn't have access to a solicitor it can put you in touch with one who can give you half an hour's advice for £5.
  
  
• Trade Associations - Many traders belong to Trade Associations. This is simply a group of retailers/ manufacturers/distributors engaged in a similar line of business who get together to form an organisation that can represent their interest. They often have a Code of Practice by which members must adhere and may also help to resolve any disputes. Traders do not have to belong to Trade Associations and the Codes have no legal teeth, however, they provide a useful alternative to going to Court.

Then ask students to research and make a list of the all the places in their local area which provide advice and help for consumers with these problems.

Ask the students to make up a directory with names, addresses and telephone numbers. The directory should also include details of the type of advice and help the organisation gives as well as its opening hours.

Are there any areas that do not have an organisation that you can ask for help and advice?

Who could make use of the directory?

The Office of Fair Trading has information on their website about 'where to go for help'.

Extension Activity
Consumer Magazine
Ask your class to produce a Consumer Magazine for other pupils and teachers at your School. The magazine could include articles of general interest, a complaints column, details of some of the organisations that can provide consumer help and advice as well as current consumer news and information.

For ideas and information, visit  yomag.net, the on-line consumer magazine for young people from all over Europe.

Background Information
If you have tried everything but have still been unable to resolve a complaint against a trader then you would be entitled to sue the trader in the County Court.

If your claim does not exceed £5,000, then you can use the Small Claims procedure, which was designed to be a quick and cheap way of going to Court without the need for a legal representative

The Small Claims Court
The Small Claims Court is where you would need to go if you needed to resolve a civil dispute and the value of your claim is no more than £5000.

On occasions, a consumer dispute may be for an amount exceeding the limits of the Small Claims procedure. If this is the case it may be necessary for the Consumer to seek some advice from a legal professional. In the UK, there are two types of legal professional - barrister and solicitor and each has a distinct role to play.

Solicitors - deal with the general public on a wide range of legal issues. Solicitors are required to complete a postgraduate Legal Practice Course and then undertake 'article' (period of practice) in a solicitor's office.

This training helps them to deal with a wide range of legal issues and the work they undertake is regulated by the Law Society.

Barristers - specialise in a particular area of the law. They receive all of their work via solicitors and do not accept direct approaches from the public. Traditionally, solicitors prepare the paperwork for cases and hand it over to a barrister who will appear in Court and argue the case.

Barristers undertake a one-year postgraduate course and then must complete their professional education during a period of training - known as pupilage - at one of the four Inns of Court. Barristers are regulated by the Bar Council.

Queen's Counsel - Senior members of the legal profession may be appointed to QC's (Queen's Counsel). The process is known as 'taking silk' because of the silk gowns that QC's wear.

Historically, only barristers could be QC's, but solicitors are now also eligible for appointment. QC's are viewed as the elite of the legal profession and traditionally judges are selected from this group.

Split the class into 2 groups and ask them to take opposing sides on the question:

'Should we break with tradition and merge the legal profession in the UK or is it important that we maintain this historical divide?

Useful websites for this debate include:

The Law Society
The Bar Council