consumer law...against the law under the restriction of offensive weapons act 1959 (which made it...

Consumer LawClassroom Notes

Age Range: KS3 or KS4

Timing: This unit is designed to be run across a lesson lasting approximately one hour. Rough guidelines for timings have been given for each activity.

Curriculum references:

Citizenship KS3:

■ The nature of rules and laws and the justice system, including the role of the police and the operation of courts and tribunals.

Citizenship KS4: ■ The legal system in the UK, different sources of law and how the law helps society deal with complex problems.

Related lessons plans:

■ Intellectual Property

Context Have your students ever purchased something online that didn’t work, or wasn’t as described? Did they know what to do about it?This lesson explores the law concerning buying and selling goods and services highlighting what their rights and responsibilities are as a consumer.

Cross Curricular Links:

SMSC:

■ Recognise legal boundaries and, in so doing, respect the civil and criminal law in England. Accept and engage with the fundamental British values of democracy, the rule of law, individual liberties and mutual respect.

Language and Literacy:

■ This lesson supports aims relating to spoken language, reading and writing and vocabulary development.

English:

■ Speak confidently and effectively including through using standard English confidently in a range of formal and informal contexts, including class discussion.

Worksheets and Resources:

Worksheet 1 – Consumer Rights Quiz

Worksheet 2 – Consumer Rights Hints Quiz

Worksheet 3 – What to do? Cards

Worksheet 4 – What to do? Grid

Worksheet 5 – Role Play Cards

© Young Citizens is an initiative of the Citizenship Foundation • Charity Reg. No. 801360 1

Lesson ObjectivesBy the end of the session students will ...

■ know what a contract is and how one is made;

■ understand their consumer rights;

■ understand what to do if they have a problem with consumer goods;

■ be able to hold conversations about consumer rights.




Introduction: (10 mins)

Introduce students to the lesson objectives on slide 2. Ask students to consider the following questions.

Q: Have you ever experienced a problem with buying or selling something?Q: How was the problem resolved?Q: Do you know what a contract is?

Use slide 3 to explain to students what a contract is. A contract is formed when there is an ‘offer’ to buy or sell something followed by an ‘acceptance’ of this offer and then the making of some sort of payment or exchange to show that both sides intend for the transaction to be legally binding.

Slides 4-6 contain some real life examples. Ask pupils to work out whether a contract has been properly formed in each case.

Slide 4: Fisher v Bell [1961]No. There was no offer, only an invitation to make an offer. The customer is the one who makes the offer. This case clarified the law concerning contracts, regarding the need for both an offer and acceptance to make a contract.

The case was brought to court as a shopkeeper had displayed an “Ejector Knife” which the prosecution argued was against the law under the Restriction of Offensive Weapons Act 1959 (which made it illegal to sell or offer for sale flick knives) The defence argued successfully that the display was an “invitation to make an offer” only and not an offer for sale, so it was not illegal.

Slide 5: Carlill v Carbolic Smoke Ball Co [1893]Yes. The reward was an offer of a contract and Mrs C accepted it by fulfilling the conditions (by using the remedy but still getting sick).

Slide 6: Felthouse v Bindley [1862]No. No acceptance of a contract can be made by silence. The uncle did not say anything to his nephew.

Conclude the activity by asking pupils whether they are surprised by any of the cases.

Activity 1: Consumer Rights Quiz (10 mins)

Using slide 7 explain that when you are in a shop buying something the contract is between you, ‘The Consumer’ and the shop, ‘The Seller’. If a contract exists then the consumer (the buyer) gets lots of legal rights to ensure that they get what they paid for. These rights are known as Consumer Protection. This activity will look at these rights more closely.

In this 10 question multiple choice quiz (slides 8 - 17) pupils can vote as a class on the answers to the quiz questions by using worksheet 1 or by putting their hands up. Students can also use the hint sheet on worksheet 2. We have included a number of ‘consider’ questions to further extend discussions.

Question 1

Correct Answer: CThe shop doesn’t have to take the jeans back. Many shops have a policy of allowing customers a refund or exchange for a fixed period of time after they bought the goods as long as they are in good condition and the customer has the receipt. However, this is entirely discretionary; they are under no legal obligation to do so. If you simply change your mind you have no legal rights.

Q: If the shop doesn’t have to take the item back, why would they do it? They can sell it on again, customer will think of the shop positively and may be more likely to buy things from there in the future.

Q: Do you think large chain stores or small independent shops are more likely to take things back when they don’t have to? Why?Large chains generally have more generous return policies as they often have a larger stock and can bear the costs better.

Slide 9: Question 2

Correct Answer: AConsumers are entitled to a full refund because it is the responsibility of the retailer not to sell faulty goods

Slide 10: Question 3

Correct Answer: All of the AboveUnder the Consumer Rights Act 2015, any goods that you buy must match these three criteria. They also have to be the seller’s to sell. Many new goods will be sold with a free one year warranty, but this isn’t a legal obligation.


Correct Answer: BIn terms of contract law, the shop is not legally bound to accept the offer of 70p; if you want the water you must pay the price they offer it to you at.

Q: Is this fair?Q: If the shop had to sell at the lower price, what might an unscrupulous customer do?


Correct Answer: BThis duty upon the retailer lasts even if the retailer says that you are out of their one-year guarantee and have no rights. This is because ‘satisfactory quality’ means goods must last for a reasonable length of time. How long an item must last depends on what it is. If a light bulb only lasts 13 months that may be alright, but if a washing machine broke after 13 months that would not be acceptable.



Q: If you can get a repair/exchange after the retailer’s one-year guarantee runs out, why do people pay extra to get ‘extended warranties’?They may be useful for electronic goods if they include extra technical support and the loan of a machine whilst yours is getting fixed, which you wouldn’t otherwise get.


Correct Answer: CYou have the same legal rights to return items bought in a sale as you would at any other time. The only exception would be where a fault has been pointed out to you at the time of sale.


Correct Answer: AIf you buy goods over the internet, you also have a 14 day ‘cooling off’ period starting the day after you receive the goods, to return them if you change your mind.


Correct Answer: BIf you buy something privately (either new or second-hand) you have much less protection. The only legal requirement is that the goods match the description. For example, if you are told that the bike has never been in an accident, you have no claim if the bike simply breaks a week after you buy it. You are only entitled to get your money back if you find signs that the bike had previously been in an accident.


Correct Answer: CWhile you are entitled to digital content of satisfactory quality, the standard is an objective one and does not include your personal judgment of the value of the content.


Correct Answer: AWhen you buy a product after having viewed a display model, you are entitled to have the delivered model

match the display.



Conclude the activity by summarising that goods sold must:

■ be of a satisfactory quality;■ be fit for the purpose they are designed for;■ match the description given.

You have no real grounds for complaint if you:

■ were told about the fault before you bought the item;■ examined the item when you bought it and should have seen the fault;■ damaged the goods yourself;■ made a mistake when you bought the item;■ have decided that you no longer want the item.



Activity 2: What to do? (10 mins)

Explain to students that knowing about your consumer rights is one thing. You also need to know how to enforce them. To get pupils thinking about their consumer rights, ask them to pretend they have bought a brand new, expensive camera from a shop. They used it a couple of times, but then it broke. What should they do?

Ask students to place the 20 cards (worksheet 3) onto the sentence starter grid (worksheet 4) in the most appropriate way.

NB: There are no strict right or wrong answers as to when actions may take place. Several actions could happen at more than one time. Ask students to explain the rational behind their decisions.

You might like to use some of the questions below to further extend your discussions:

Q: Why might it be a good idea to take an adult with you to the shop?They can give you support and advice, help you to put across your complaint, and protect you if the assistant or manager is rude. Shop assistants may take your complaint more seriously if you are with an adult.

Q: Why might it be a good idea to speak to the manager?They might have more power or discretion to give you a refund.

Q: Do you think getting angry would be an effective tactic? Why/why not?Being assertive and persistent is a better idea.

Q: Why might you give up?To avoid hassle and time if the value of the goods is low.

Q: Do you always need a receipt to return something? No. A seller doesn’t actually have to give you a receipt at the point of sale, so it would be unfair to require the consumer to always produce one.

Q: How can you find out a shop’s return policy?By looking at the receipt, asking the customer enquiries desk or looking on the shop’s website.

Activity 3: What happens next? (20 mins)

Tell the pupils they will be working in pairs to look at how to make a complaint about a faulty product in person.

Give each pair a copy of one of the scenario cards from worksheet 5. Each pair should discuss and role play the scenario on their card. Some students may wish to perform their role play to the class. Instructions can also be found on slide 18.

NB: If you feel that students will find the role play element of this activity challenging it could instead be done as a whole class discussion.

Use the questions below as an extension, they can also be found on slide 19.

Q: Customers, how difficult did you find enforcing your consumer rights to get what you were entitled to from the assistant?Q: Assistants, how difficult did you find it trying to avoid giving the customer a refund?Q: Do you think the customer in your scenario was legally entitled to a refund or exchange? Why or why not?

Q: What sort of skills do you think you need to be able to get what you want in situations like this?



Plenary (10 mins)

Ask the pupils the questions below as a conclusion to the lesson. These questions can be in the formof written answers or a class discussion. You can use this as an opportunity to solidify the key principles(and revisit the learning objectives) and to clarify any insecurities in knowledge.

Q: What surprised you the most from what we’ve discussed today?Q: What have you most agreed with/disagreed with?Q: What steps would you take if you found yourself in some of the situations we have been looking at?Q: Is it important to be are aware of consumer rights? Why?

Consumer Rights Quiz Please cut out the shape below and fold to make a triangular ‘toblerone’ shape. This can be used to vote on the answer you think is correct.


A

B

C

Consumer LawWorksheet 1

Consumer Rights Quiz - Hints

HintsGoods sold must:■ be of satisfactory quality;■ be fit for the purpose they are designed for;■ match the description given.

You have no real grounds to complain if you: ■ were told about the fault before you bought the item;■ examined the item when you bought it and should have seen the fault;■ damaged the goods yourself;■ made a mistake when you bought the item;■ have decided that you no longer want the item.

HintsGoods sold must:■ be of satisfactory quality;■ be fit for the purpose they are designed for;■ match the description given.

You have no real grounds to complain if you: ■ were told about the fault before you bought the item;■ examined the item when you bought it and should have seen the fault;■ damaged the goods yourself;■ made a mistake when you bought the item;■ have decided that you no longer want the item.




1Give Up

2Speak to someone

at the till

3Find out what the

shop’s return policy is

4Stop using the item

5Decide what you want

and what you’d settle for

6Research your rights

7Take an adult with you to

the shop

8Keep calm

9Present receipt/proof of

purchase

10Tell the shop what you

want

11State your rights

12Make a note of who you

spoke to and what was said

13Ask to speak to the

manager

14Threaten shop with

legal action



15Accept what the shop

offers you

16Get angry

17Write to/email/phone

head office

18Report matter to

Trading Standards

19Swear

20Go to see a lawyer


What to do?


Before contacting the shop....

When making the complaint in person....

If the issue is not resolved satisfactorily....

Never....


Role Play Cards



The ScenarioCustomer: I bought these trainers three weeks ago, but i don’t like them and want a refund.Assistant: Do you have a receipt?Customer: Yes, here it is. I have only worn them around my house for a short amount of time whilst deciding whether i liked them or not.Assistant: I’m afraid it is not our policy to give refunds on shoes that are not faulty whether they have been worn or not.

Continue the conversation - what should happen next?

The ScenarioCustomer: I bought this DVD last week, but when I got it home I discovered that it was scratched and would not play properly Assistant: Do you have a receipt?Customer: No I don’t, I lost it, but I have brought my bank statement which shows the date I brought the DVD from the shop.Assistant: We don’t give exchanges or refunds without a receipt. If you find your receipt and come into the shop in the next seven days, then I may be able to offer you a refund.


The ScenarioCustomer: Earlier today I collected my coat after it had been dry cleaned by you. When I got home I noticed a large mark on the sleeve that wasn’t there when I bought the coat in for cleaning.Assistant: Was it there when you left the shop?Customer: I don’t know I didn’t check the coat until I got home. I’d like you to clean the coat again.Assistant: I can do that, but there will be a charge, as you didn’t mention the matter when you collected the coat. The mark must have got on the coat after you left.


consumer law...against the law under the restriction of offensive weapons act 1959 (which made it...

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