ABSTRACT
[29.01] Introduction. Even assuming proof of purchase, 1 it must be borne in mind that there are a number of difficulties which a hirer or buyer may face when seeking to pursue his remedies. First, the sheer complexity of the legal rules discussed in this work may make ascertainment of his substantive rights a daunting experience; and even finding competent, affordable and timely advice may be difficult (see Chap 3). Second, a feasible way of avoiding the foregoing difficulties may be to identify a strict liability criminal offence in the supplier (see Chaps 4 and 5), persuade a public authority to prosecute (see para 28.03 ) and then use the conviction to obtain financial compensation (see paras 3.20–1 ). Third, turning to civil proceedings, it may be possible to simplify and cheapen proceedings by going to arbitration (see paras 3.23–24 ), or by complaining to an ombudsman (see para 3.25 ). Fourth, as regards the substantive civil law, there should be recalled the sharp distinction drawn in English law between remedies in contract and tort, which is often important in determining such issues as product liability (see Chap 17), particularly if the transaction is financed (see Chap 16); and there should also be remembered the differing limitation periods (see para 26.17 ). Fifth, there is the difficulty in enforcing legal rights 2 or judgment debts, 3 though even more important to the hirer or buyer is likely to be the cost of litigation (see para 3.22 ). However, consumers may avoid this by seeking enforcement on behalf of consumers generally by Enforcement Orders (see paras 6.08 ; 28.03 ).
