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Consumer rights & wrongs

09 October 2009 / Chris Monaghan
Issue: 7388 / Categories: Opinion , Commercial
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MP3 players are owned and trusted by the great and good. However, there have been problems reported with the batteries that Apple uses in its iPods. In August, Sky News reported that the European Commission consumer safety watchdog was conducting an investigation as a result of these problems.

MP3 players are owned and trusted by the great and good.

However, there have been problems reported with the batteries that Apple uses in its iPods. In August, Sky News reported that the European Commission consumer safety watchdog was conducting an investigation as a result of these problems.

This article concerns the claims made by an 11-year-old girl from Liverpool, whose iPod allegedly exploded (see “Apple tried to silence owner of exploding iPod with gagging order”, The Times, 3 August 2009).

The Sale of Goods Act 1979

The consumer is in a privileged position. Whereas in Sir Mackenzie Chalmers’s original draft of the Sale of Goods Act 1893 there were only two implied terms that were treated as conditions, one of these being Sale

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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