LEGS 7003: With Reference To Any Two Pieces Of Legislation Indicate How One Of The Objectives Of The Law Regulating: Introductory Law For Transport Assignment, CIT, Ireland

Section A: Only one question may be answered from this section.

 1)(i)With reference to any two pieces of legislation indicate how one of the objectives of the law regulating the transport sector is to protect life.

(ii)As a source of law, legislation (whether primary or secondary) has some significant advantages, particularly for sectors of the economy undergoing technological change such as the automotive sector.

(iii)Outline what you understand by an “anti-competitive” agreement.

OR

2)A consumer bought a used car from a car trader having relied on the description in an advertisement that it  “had new timing belts and a full service done”. The consumer took the car for a test drive and everything seemed fine. The trader did not explain that the timing belts had broken, had caused serious damage to the car’s engine and that extensive repairs had been carried out.

Shortly after the sale, the consumer was refused insurance because the car had been in a serious accident. He approached the dealer demanding a refund. The trader refused to say that he hadn’t committed any crime and that what he had told the consumer was true i.e.that the car had been fitted with new timing belts and was fully serviced

(i)Outline to the trader whether any criminal offence has been committed

(ii)if so, what possible legal consequences could be

(iii) What other enforcement action(s) could the trader expect?

Section B: Only ONE question may be answered from this section.

 3)  A garage failed to fit a wheel properly and, after driving out of the garage, it came off. The driver was not wearing a safety belt. He and a pedestrian suffered serious personal injuries.

(i)What would the driver and pedestrian need to prove to succeed in legal action against the garage?

(ii)Does the garage have any defence?

OR

4)(i)Your colleague manages a large car dealership and has received a letter from a solicitor indicating that he is about to be sued for negligence. He tells you that he is unconcerned because “there’s no liability in law to anyone that I don’t have a contract with”. Consider whether this statement is true. Support your answer by reference to relevant case law.

(ii) How could a garage that repairs a car show that it took reasonable care? Briefly outline what is considered relevant; support your answer using case law.

(iii)Consider the following statement: The law will not hold a person liable in negligence if they did not cause the plaintiff’s losses – even though they may be careless. Support your answer using case law.

Section C: Only ONE question may be answered from this section.

5)Consider the following scenario in the context of The Sale of Goods and Supply of Services Act, 1980.

A new luxury car brand was sold by a trader to a consumer, Joe Bloggs, at market value. Within three weeks he complained to the trader that it had the following defects:

-the engine was misfiring.

-oil was leaking.

-the air conditioning system doesn’t work effectively.

-its electronics did not permit “handsfree” driving.

Joe claims that the noisy sound from the car is embarrassing and that it has so many serious defects that it breaches the “1980 Act”.  He claims that he is entitled to return the car and obtain a refund.

Advise the trader who considers that Joe is not entitled to a refund and that the free repair of the engine, oil leakage, air conditioning and the information systems should be sufficient. Use both legislation and case law to support your answer.

OR

6)Safe Cars Ltd sold a 5-year-old used car with 80,000 miles on the odometer to a consumer, Joe Blogs. Before he put down a deposit Safe Cars Ltd explained to him that the car was “ roadworthy but not in as good condition as other cars of the same model and mileage”. It  informed him both verbally and by a letter in writing that:

– the car was roadworthy but that one of its component parts was “likely to wear out in the near future but could also last for up to a year” and,

-“Given the high cost of replacement and the possibility that it could last a year it did not intend to replace the component. Instead,

-the price of the car had been reduced”.

Joe Bloggs bought the car at the reduced price believing that he had got a bargain. Other models with the same mileage and same general condition (apart from the component) were selling at a higher price.

Within two weeks the component needed to be replaced and its cost was more than half the cost of the car. Advise the trader as to whether he is in breach of The Sale of Goods and Supply of Services Act, 1980. In your answer refer to the legislation and/or precedent to support your answer.

OR

7)Consider the same scenario under consumer legislation: The E.C. (Certain Aspects of the Sale of Consumer Goods & Associated Guarantees) Regulations, 2003.

(i)Briefly outline the trader’s obligation under this legislation.

(ii)Indicate if the legislation favours consumers in any way.

(iii)Describe the possible remedies available under the legislation.