The Molony Committee
| Published date | 01 January 1963 |
| DOI | http://doi.org/10.1111/j.1468-2230.1963.tb00699.x |
| Date | 01 January 1963 |
REPORTS
OF
COMMITTEES
THE
MOLONY
COMMITTEE
FINAL
REPORT
OF
THE
COMMITTEE
ON
CONSUMER
PROTECTION
A
COMMITTEE
appointed to consider measures
(‘
desirable for the
further protection of the consuming public
”
is likely to be greatly
influenced by its economic and political outlook-whether
it
favours
laissez-faire
(or,
as
it
is known in this context,
caveat emptor
and
freedom of contract) or not. Although the Molony Committee
recognises that, as the consumer is
in
a
weaker position than those
with whom he deals, special measures must be taken to protect
him,
it
is not convinced that such measures ought to interfere radically
with the basic structure of the law. Its approach to new legislation
is rather like the lawyer’s approach to precedent:
if
something has
already been done,
it
can be extended and improved, but the fact
that
it
has not been done before is the most cogent argument for
not doing it now.
The Committee has been very, very careful to see that
it
cannot
be criticised for going too
far.
Its assessment of its own approach is
perhaps to be found in its paternal advice to the new Consumer
Council: its conclusions
(‘
reflect
a
balanced judgment
on
the
problem taking fully into account the production, commercial and
practical difficulties.” One can feel quite confident that no diffi-
culties have been lost sight of, though one cannot be
so
sure about
advantages. The Commtttee has, indeed, been
so
intent on appear-
ing reasonable and objective that
it
has not heeded the moral of
The Bear
Who
Let
It
Alone:
“
You might as well fall flat
on
your
face as lean over too far backward.”
*
Lawyers, like all other consumers
(“
one who purchases (or
hire-purchases) goods for private use
or
consumption
”)
will find
much to interest them in all parts of the Report. But legal atten-
tion will naturally centre
on
the proposals for reforming the law
of
sale of goods and hirepurchase. These include
a
prohibition
on
some exclusion clauses in the sale of goods,
a
detailed review of
implied conditions, and the extension of the Hire-Purchase Acts by
abolishing the money limits.
Sale
of
Goods
While recognising that the Sale of Goods Act,
1893,
‘‘
enjoys
a
special position in English jurisprudence
”
and is basically
“
a
sound and fair measure,” the Committee acknowledges that
‘(
it has
1
Cmnd.
1781,
July 1962
(H.M.S.O.,
18s.).
2
James
Thurber,
Fables
for
Our
Time.
66
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