ABSTRACT

This chapter analyses the law on guarantees and repair work. It considers the extent to which the law in the United Kingdom provides that a consumer can request that faulty goods be repaired. Although recent legal changes have the effect of introducing repair as a consumer right, its availability is restricted. In many cases when goods are faulty it seems more likely that a consumer will be given a replacement or a refund. A1though consumers may be able to ask for a repair under a guarantee (which operates as an addition to their legal rights), there is no legal requirement to provide a guarantee, nor to include repair as one of the remedies offered. Generally, therefore, consumers seeking to have defective goods repaired may have to bear the financial cost of this out of their own pocket rather than being able to rely on a specific legal entitlement. Obtaining repair is made more difficult by the absence of any legal requirement on a retailer or manufacturer to stock spare parts and to make available appropriate servicing facilities. Attempts to reform the law in this area have not come to fruition. Overall, the law on repair work is not in a satisfactory state and improvements are needed. An examination of the approach in other jurisdictions suggests possible ways forward.