Examining claims related to defective motor vehicles under Irish law
The Sale of Goods and Supply of Services Act, 1980 (the “Act”) is familiar to many Leaving Certificate students in Ireland. It is one of the few pieces of Irish legislation that forms part of the syllabus. Students learn that the Act governs transactions involving the sale and purchase of goods and services, delineating the rights and obligations of contracting parties. Key provisions, such as those concerning “merchantable quality” and the requirement that goods be “as described” and “fit for purpose,” are therefore very well-known.
In the broader context of Irish law and business, the Act plays a pivotal role. Its remarkable adaptability ensures that it continues to provide robust protection for consumers. Specifically, when it comes to the sale of motor vehicles, this legislation ensures that consumers receive fair treatment for some of the most significant purchases they will ever make.
Key provisions under the Act
The Act provides for a number of essential protections for purchasers of motor vehicles from dealers/traders. These provisions ensure that purchasers can confidently expect their newly acquired vehicle will meet certain standards including:
1. Defect-Free Delivery: The Act mandates that motor vehicles must be free from defects at the time of delivery.
2. Merchantable Quality: Purchasers have the right to expect that their vehicle is of merchantable quality, meaning it meets reasonable standards for performance, appearance, and safety.
3. Fit for Purpose: When purchasing a motor vehicle, purchasers rightfully anticipate that it will serve the intended purpose. The Act ensures that vehicles are fit for the specific use for which they were bought.
4. Reasonable Durability: Motor vehicles should exhibit reasonable durability. The Act safeguards against premature wear and tear.
5. Mechanical Soundness: The Act requires that vehicles be in good mechanical and working order, ensuring safe and reliable operation.
Interpreting legislative terms: case considerations and definitional challenges
The precise meaning of terms such as “merchantable quality” and “fit for purpose” have been considered in a number of cases involving a range of goods. All-embracing definitions can be difficult to articulate and the Act itself did leave many of these terms undefined. In a general sense, such terms should be understood in the ordinary commercial sense. While it is a lawyer cliche, it is correct to say that each case really does depend on its own unique set of facts. For example, a court will have regard to the price paid and the type of car involved. Distinct considerations will pertain to a prestige model commanding a substantial price compared to those relevant to a second-hand car sold at a more modest price.
Other considerations are the ease or otherwise with which the defect may be remedied. Some faults are easily repaired and take little time. Other faults can keep a vehicle off the road for extended periods and can be very difficult to rectify.
Further protections
The key provisions of the Act referred to above have general applicability but protection for the purchasers of motor vehicles is also provided by Section 13 of the Act. Section 13 applies specifically to motor vehicles. It provides for an implied condition in every contract for the sale of a motor vehicle that the vehicle is free from any defect which would render it a danger to the public, including persons travelling in the vehicle. However, this Section and certain other legislative protections for consumers can be excluded in the contract and a careful examination of the small print and the terms and conditions is always required.
Further protections for consumers are provided by the Consumer Protection Act 2007 and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.
Conclusion
The Act brings us a long way from the original common law position in relation to a contract for the sale of goods involving a trader or dealer which wascaveat emptor (let the buyer beware). The Act and the other applicable pieces of legislation can all be described as being very pro-consumer. While it is very common for purchasers to experience issues with new motor vehicles, it must be said that the incidence of legal claims brought is relatively low. It may well be the case that this disparity can be attributed to the perceived high cost of litigation.
OSM Partners LLP have acted for a number of consumers in cases of this nature and it is our experience that legitimate claims are not taken seriously by dealers and traders until the lawyers get involved. It is also our experience that many cases resolve themselves at an early stage.
For further information please contact Raymond Lambeor your usual OSM Partners LLP contact.
The Sale of Goods and Supply of Services Act, 1980 (the “Act”) is familiar to many Leaving Certificate students in Ireland. It is one of the few pieces of Irish legislation that forms part of the syllabus. Students learn that the Act governs transactions involving the sale and purchase of goods and services, delineating the rights and obligations of contracting parties. Key provisions, such as those concerning “merchantable quality” and the requirement that goods be “as described” and “fit for purpose,” are therefore very well-known.
In the broader context of Irish law and business, the Act plays a pivotal role. Its remarkable adaptability ensures that it continues to provide robust protection for consumers. Specifically, when it comes to the sale of motor vehicles, this legislation ensures that consumers receive fair treatment for some of the most significant purchases they will ever make.
Key provisions under the Act
The Act provides for a number of essential protections for purchasers of motor vehicles from dealers/traders. These provisions ensure that purchasers can confidently expect their newly acquired vehicle will meet certain standards including:
1. Defect-Free Delivery: The Act mandates that motor vehicles must be free from defects at the time of delivery.
2. Merchantable Quality: Purchasers have the right to expect that their vehicle is of merchantable quality, meaning it meets reasonable standards for performance, appearance, and safety.
3. Fit for Purpose: When purchasing a motor vehicle, purchasers rightfully anticipate that it will serve the intended purpose. The Act ensures that vehicles are fit for the specific use for which they were bought.
4. Reasonable Durability: Motor vehicles should exhibit reasonable durability. The Act safeguards against premature wear and tear.
5. Mechanical Soundness: The Act requires that vehicles be in good mechanical and working order, ensuring safe and reliable operation.
Interpreting legislative terms: case considerations and definitional challenges
The precise meaning of terms such as “merchantable quality” and “fit for purpose” have been considered in a number of cases involving a range of goods. All-embracing definitions can be difficult to articulate and the Act itself did leave many of these terms undefined. In a general sense, such terms should be understood in the ordinary commercial sense. While it is a lawyer cliche, it is correct to say that each case really does depend on its own unique set of facts. For example, a court will have regard to the price paid and the type of car involved. Distinct considerations will pertain to a prestige model commanding a substantial price compared to those relevant to a second-hand car sold at a more modest price.
Other considerations are the ease or otherwise with which the defect may be remedied. Some faults are easily repaired and take little time. Other faults can keep a vehicle off the road for extended periods and can be very difficult to rectify.
Further protections
The key provisions of the Act referred to above have general applicability but protection for the purchasers of motor vehicles is also provided by Section 13 of the Act. Section 13 applies specifically to motor vehicles. It provides for an implied condition in every contract for the sale of a motor vehicle that the vehicle is free from any defect which would render it a danger to the public, including persons travelling in the vehicle. However, this Section and certain other legislative protections for consumers can be excluded in the contract and a careful examination of the small print and the terms and conditions is always required.
Further protections for consumers are provided by the Consumer Protection Act 2007 and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.
Conclusion
The Act brings us a long way from the original common law position in relation to a contract for the sale of goods involving a trader or dealer which wascaveat emptor (let the buyer beware). The Act and the other applicable pieces of legislation can all be described as being very pro-consumer. While it is very common for purchasers to experience issues with new motor vehicles, it must be said that the incidence of legal claims brought is relatively low. It may well be the case that this disparity can be attributed to the perceived high cost of litigation.
OSM Partners LLP have acted for a number of consumers in cases of this nature and it is our experience that legitimate claims are not taken seriously by dealers and traders until the lawyers get involved. It is also our experience that many cases resolve themselves at an early stage.
For further information please contact Raymond Lambeor your usual OSM Partners LLP contact.
