How Contract and Negligence Relate to Consumers

Contract in relation to Consumers

A contract is a legally binding agreement between two or more parties, usually in the form of an exchange of goods or services for money.
When consumers purchase products or services, they are entering into a contract with the seller or service provider. The details of this contract usually include price, product or service description, and terms of the agreement.
Under the Consumer Rights Act 2015, every contract between a business and a consumer must be transparent and fair. This means that it should have clear and understandable terms, and not heavily favour the business over the consumer.
Consumers have a right to a refund, repair or replacement if goods or digital content are faulty, not as described or not fit for purpose. This is covered under the Consumer Rights Act 2015 and forms part of the contract with the seller.

Negligence in relation to Consumers

Negligence refers to the failure of a party to exercise the care that a reasonably prudent person would have exercised in similar circumstances.
In a consumer context, negligence could be when a business acts without due care leading to harm or loss to a consumer. For instance, it could be selling faulty products that harm the consumer, or poor service that leads to financial loss.
To claim negligence, consumers must be able to demonstrate that the business owed them a duty of care, they breached this duty, and this breach has directly caused harm or loss.
Businesses have a duty to take reasonable care in their actions to avoid causing harm to others, including consumers. If they fail in this duty and cause harm, they may be liable for the damage under the law of torts.

Implications for Consumers

Understanding contract and negligence law helps consumers know their rights and seek redress when these rights are violated.
It’s essential for businesses to uphold consumer rights, as failure to do so can lead to legal consequences, including compensation claims and damage to their reputation.
A claim for negligence can be a lengthier and more complex process than a contract claims, as the consumer needs to prove the business was at fault and that they suffered harm or loss as a result.
Consumers can gain advice and support from organisations such as Citizens Advice, trading standards and the Consumer Ombudsman when they feel their rights have been violated.