Consumer Protection in UK Law

Leading Cases
  • National Westminster Bank Plc v Morgan
    • House of Lords
    • 07 Mar 1985

    The fact of an unequal bargain will, of course, be a relevant feature in some cases of undue influence. And even in the field of contract I question whether there is any need in the modern law to erect a general principle of relief against inequality of bargaining power. I doubt whether the courts should assume the burden of formulating further restrictions.

  • Tesco Supermarkets Ltd v Nattrass
    • House of Lords
    • 31 Mar 1971

    Consumer protection, which is the purpose of statutes of this kind, is achieved only if the occurrence of the prohibited acts or omissions is prevented. It is the deterrent effect of penal provisions which protects the consumer from the loss he would sustain if the offence were committed. If it is committed he does not receive the amount of any fine. As a taxpayer he will bear part of the expense of maintaining a convicted offender in prison.

    But this rational and moral justification does not extend to penalizing an employer or principal who has done everything that he can reasonably be expected to do by supervision or inspection, by improvement of his business methods or by exhorting those whom he may be expected to control or influence, to prevent the commission of the offence (see Lim Chin Aik v. The Queen [1963] A.C. 160, 174; Sweet v. Parsley [1970] A.C. 132, 163).

  • Davies v Sumner
    • House of Lords
    • 15 Nov 1984

  • Stevenson and Another v Rogers
    • Court of Appeal (Civil Division)
    • 08 Dic 1998

    As to the proper construction of s.14(2), given the clear view which I have formed, I do not consider it right to displace that construction simply to achieve harmony with a decision upon the meaning of s.12 of the UCTA 1977. S.14(2) as amended by SG(IT)A 1973 was itself a piece of consumer protection intended to afford wider protection to a buyer than that provided in the 1893 Act.

  • R v Warwickshire County Council ex parte Johnson
    • House of Lords
    • 10 Dic 1992

  • D & F Estates Ltd v Church Commissioners for England
    • House of Lords
    • 14 Jul 1988

    If the same principle applies in the field of real property to the liability of the builder of a permanent structure which is dangerously defective, that liability can only arise if the defect remains hidden until the defective structure causes personal injury or damage to property other than the structure itself.

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