NOVEMBER Candidates should attempt to answer two questions. Total allocation of marks is 50 marks. Suggested time allocation is 90 minutes.

Transcription

1 NOVEMBER 2016 Candidates answering the questions from the Scottish or Welsh law viewpoint: Please ensure you write Scottish or "Welsh" on the front of your examination booklet. The examiners may expect candidates to show knowledge of legislation which is in place but not in force (i.e. has been enacted) and regulations which have been made but not yet in force, if they are directly relevant to the subject-matter of the examination. There are three sections to the examination paper: Section A Section B Section C Consists of five questions. Candidates should attempt to answer all questions. Total allocation of marks is 25 marks. Suggested time allocation is 45 minutes. Consists of two questions. Candidates should attempt to answer one question. Total allocation of marks is 25 marks. Suggested time allocation is 45 minutes. Consists of three questions. Candidates should attempt to answer two questions. Total allocation of marks is 50 marks. Suggested time allocation is 90 minutes. Total time allowed three hours (plus ten minutes reading time). The Advice, Resolution and Redress paper is a closed book; no materials are permitted to be taken into the examination room. The examination paper has six pages, including this front sheet. 1

2 Section A Candidates should attempt to answer all questions - total of 25 marks. 1. Using examples or case law to support your answer, briefly explain the application of Section 27 of the Hire Purchase Act 1964 on a transaction for the sale of a motor vehicle. 2. ENGLISH AND WELSH CANDIDATES ONLY: Using practical examples or case law to support your answer, define the meaning of wrongful interference with goods as set out in the Torts (Interference with Goods) Act SCOTTISH CANDIDATES ONLY: A consumer fails to collect goods which have been given to a business under a contract to repair. Briefly set out the rules which explain what action the business can take should the consumer fail to collect the goods. 3. ENGLISH AND WELSH CANDIDATES ONLY: Briefly explain the role of a Mackenzie Friend and how they may support a litigant in person who is pursuing a small claims track action in the County Court. SCOTTISH CANDIDATES ONLY: Briefly explain the difference between the role of a lay representative and a lay supporter in the current small claims procedure in Scotland. 4. In a contract to supply services, Section 49 of the Consumer Rights Act 2015 requires that services are performed with a reasonable level of care and skill, but the Act does not define this phrase. Briefly explain the meaning and application of this term in a contract for services. 5. Briefly explain the circumstances in which a product may be considered defective for the purposes of Part 1 of the Consumer Protection Act End of Section A. Section A total of 25 marks. 2

3 Section B Candidates should attempt to answer one from two questions - total of 25 marks. 6. The Ombudsman Service suggests that the recent European Directive on Alternative Dispute Resolution (ADR) will bring strong, independent redress schemes to businesses that have never had them before, at little or no cost to consumers. Critically analyse this statement and discuss the merits or otherwise of ADR in the UK. 7. The Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 make comprehensive provision regarding transactions to supply goods, services and digital content to consumers. Using practical examples or case law to support your answer, critically evaluate the application of the provisions of both the Act and the Regulations to a contract to supply goods and services. Section B total of 25 marks. End of Section B. 3

4 Section C Candidates should attempt to answer two from three questions - total of 50 marks. 8. Joan entered into a contract with The Smooth Stairlift Company for the supply and installation of a stairlift. She selected the company on the basis that it was a member of the UK Stairlift Organisation and was recommended to her by a friend. During the negotiations, Joan indicated some specific requirements, including: (i) (ii) that there should be no interference or adjustment to the door frame at the foot of the stairs, nor the window ledges on two landings; and that she would like to park the stairlift away from the bottom of the stairs, so that it was out of sight. Joan selected the stairlift based on a range of literature provided to her by The Smooth Stair lift Company and installation was completed six weeks ago, at a total cost of 2,150. Several weeks after completion, Joan contacted a representative of the company to complain that the chair made a constant beeping noise if she parked it on one of the landing areas, and also complained that the guide rail was too far away from the wall, looking unsightly. The Smooth Stairlift Company returned to inspect the installation. They have advised Joan that the beeping noise is occurring because she is parking the chair on the landing in the middle of the staircase rather than at the top or the bottom, where there are charging points. The beeping noise is to alert her to the fact that the battery is not being charged and will go flat. They further advised that the distance of the rail to the wall was slightly more than usual because they were specifically advised not to cut into or make any adjustment to the door frames or window ledges. The Smooth Stairlift Company has offered to install a charging point on the landing area at an additional cost of Joan disputes any further cost, and has requested that the entire rail be re-installed closer to the wall, agreeing that a small adjustment may be made to the door frame. The Smooth Stairlift Company have refused, suggesting that this is disproportionate in terms of both cost and time, and will only make a marginal difference. Advise the parties of their positions and possible avenues of redress in these circumstances. Section C continued over the page. 4

5 9. Andrew purchased a second-hand motor vehicle from Smokey Joes Autos. Before purchase, he test drove the vehicle on two separate occasions. He paid the sum of 9,500 for the vehicle; it had 80,000 miles on the odometer. Four weeks after purchase, Andrew returned to Smokey Joes Autos to complain of an oil leak. Andrew indicated that he wanted to return the vehicle and be given a full refund. Joe, of Smokey Joes Autos, is reluctant to give a full refund. He feels that the car was in good working order when the customer took delivery and his inspection of the vehicle did not reveal an oil leak. Furthermore, the vehicle is second-hand with a relatively high mileage and, therefore, such repairs are to be expected. Andrew and Joe are in dispute. Advise the parties in relation to any potential breach of contract, and consider and discuss the potential remedies for any established breach. Section C continued over the page. 5

6 10. Jenny commissioned Darling Dressmakers to make a bespoke wedding dress. Jenny selected Darling Dressmakers after reading various testimonials and claims that they had won awards for their designs. Jenny discussed her design and the date of the wedding a year before, paid a deposit of 200 with the balance paid at intervals up to delivery, one week before the wedding. The total cost was Jenny had approximately four dress fittings, the last one being two days before the wedding when she was extremely anxious about the dress being ready in time. The last fitting was very rushed as it was late in the evening. Jenny then took delivery of the dress. On the day of the wedding, there was a problem with the fastening on the rear of the dress, which Jenny's friend initially sorted out with some pins, but continuous adjustments were required throughout the day. Another fastening on the back of the dress irritated the back of Jenny's neck, which, by the end of the day, was inflamed with broken skin. Jenny was going away on honeymoon the following day, so did not report any issues to Darling Dressmakers, but she was very unhappy with the overall quality of the finish and the inconvenient issues which arose on the day of her wedding. A few weeks after her return from honeymoon, she contacted them to express her dissatisfaction. Darling Dressmakers asked her to return the dress and they would repair the zip and the neck fastening. Jenny is unhappy with this response and sees little point in repairs now that the wedding has passed. A friend has indicated, also, that they do not have any awards for their own designs. She seeks advice as to her position. Advise Jenny. Section C total of 50 marks. END OF EXAMINATION PAPER. 6