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James and Emer O’Brien ordered paving slabs for their garden patio from Healy’s Garden Centre Ltd - Leaving Cert Business - Question A - 2007

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James and Emer O’Brien ordered paving slabs for their garden patio from Healy’s Garden Centre Ltd. They selected the paving slabs from samples shown to them at the g... show full transcript

Worked Solution & Example Answer:James and Emer O’Brien ordered paving slabs for their garden patio from Healy’s Garden Centre Ltd - Leaving Cert Business - Question A - 2007

Step 1

Name the law that protects the O’Briens in this case.

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Answer

The law that protects the O’Briens in this case is the Sale of Goods and Supply of Services Act 1980.

Step 2

Outline one non-legislative method of solving the above problem.

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Answer

One non-legislative method of solving the problem is to discuss the issue with the shop manager. The O’Briens could request a replacement for the paving slabs that were not as per the samples, or they could ask for a refund.

Step 3

Explain the legal rights of the O’Briens and the duties of Healy’s Garden Centre Ltd.

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Answer

The legal rights of the O’Briens include:

  • The goods should correspond to the sample they chose.
  • The goods should be as described.
  • The goods should be of merchantable quality.
  • The goods should be fit for the purpose intended.
  • The O’Briens are entitled to a refund or replacement if the goods do not meet these criteria.

The duties of Healy’s Garden Centre Ltd. include:

  • The seller is responsible for putting things right.
  • The seller should sell goods of merchantable quality.
  • The seller should sell goods that correspond to the sample shown.
  • The seller should sell goods that are fit for their purpose.
  • The seller should sell goods as described.
  • The seller should provide suitable redress for the consumer.

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