Durability and the Law
DOI link for Durability and the Law
Durability and the Law book
The contribution which the law makes to the durability of goods, principally through the law of contract, is explored in this chapter. Until surprisingly recently it was not clear that durability was a characteristic that consumers could expect from goods. With the amendment of the law relating to the quality standards implied in contracts for the supply of goods, which occurred in 1994, it has become clear that this is so. However, such case law as there is on this reform does not suggest that it has made a dramatic difference. In any event, it is one thing to have legal rights but quite another to be able to enforce them. Problems of access to justice often make it difficult for consumers to do so and thus prevent the development and clarification of the law. Having discussed the role of contract law in relation to durability, the chapter also addresses the role of tort law and safety legislation.