The Sale of Goods Act 1979 only allows a partial rejection of goods if the contract
The Sale of Goods Act (1979) only allows a partial rejection of goods if the contract is severable - usually only when goods are delivered and paid for by instalments.Meriel Thorne, the parliamentary officer with the Consumers Association, said: "The Consumer Association welcomes the Act lt has recommended reform for over 15 years. A similiar right already exists in the Sale of Goods Act 1979, but its right to inspect does not apply where consumers have "intimated" acceptance or have waived the right.The new Act provides that consumers cannot be deemed to have intimated acceptance until they have had reasonable opportunity to inspect the goods.In addition, buyers will have the right to keep those goods they are happy with while rejecting those that are faulty. The court rejected his claim that he had the right to a full refund .The new Act also gives consumers longer to inspect goods before they can be deemed to have accepted them. And consumers who order goods to be delivered which have not previously been inspected - such as mail-order goods - cannot be held to have accepted them until they have had a reasonable time to inspect them. The definition in the present Sale of Goods Act (1979), which refers to goods being of "merchantable quality" will be replaced with a new test of "satisfactory quality". This means consumers will be able to reject goods which, although technically fit for the purpose, are not of a standard that a reasonable person would consider satisfactory.The present law does not give consumers the right to reject the goods, merely the opportunity to claim damages for the difference between the value of the goods in their damaged and undamaged state.This interpretation stems from a 1984 court case in which it was held that a man who had bought a car which broke down after 27 days was deemed to have accepted it, despite having driven only 140 miles.
On 4 January 1995, the Sale and Supply of Goods Act becomes law. It will give buyers greater opportunities to reject goods they are unhappy with. From Investment and Tax Publishing Services, 31 Aylesbury Road, Bedford MK41 9RJ.. CONSUMERS are about to get much greater scope for complaining - but not until after Christmas.
If you get the right people together as trustees, it can be very exciting," Ms Maurice says.The outline `Guide to Charitable Giving and to Establishing Charitable Gift Trusts' comes with specimen trust deeds and costs £40. "People do get enormous pleasure and a great sense of achievement from being trustees. The prospect of philanthropic immortality - assuming the trust has enough money to survive indefinitely - may be an additional factor.But there is clearly another reason. "Lots of people believe it's better to gift assets when they're setting up a trust, but they're ill-advised."Even if capital gains tax has to be paid when assets are liquidated, the Gift Aid rebate normally more than covers the tax deducted, he says.Given the existence of tax relief on Gift Aid donations and charitable covenants, the question, perhaps, is why anyone would want to go to the trouble of the DIY charity approach "It depends on how egotistic you are," one solicitor says "People want toplay at being mini-gods," says another. Mr Framjee points out that with full tax relief normally available through Gift Aid on donations over £250, it is usually better to give money rather than company shares or property. "The moment the name ofthe charity goes on the register you can start to receive letters," Ms Maurice says.The Charity Commission's annual requirements are due to change next year, but smaller charities will be subject only to a "light touch" regime and will not have to submit accounts.But if running your own charity does not have to result in large bills from professional advisers, settling money in a new charitable trust needs care.
This could involve sorting out tax refunds from the Revenue for covenants or Gift Aid donations It could also mean dealing with the begging letters. This means that high solicitors' fees are not essential."I helped a small charity in my area that had been charged £800 by a solicitor for its deed, but when I looked at it, it was the Charity Commission model word-for-word," said one charity specialist.`Once established, there is also the on-going work of administering the charity. (In Scotland, monitoring of new charities is undertaken by the Inland Revenue).However, the Commission has helped by producing a free model trust deed that charities can adapt to their own use. Trustees have personal liability for their actions," Ms Maurice says.Trustees are bound by the aims as set out in the trust deed, which must meet one or more of the four basic charitable objectives: the relief of poverty, the advancement of education, the advancement of religion, or the benefit of the community. Some apparent good causes - ranging from Amnesty International to funds helping individual victims of accidents - may not qualify.The Charity Commission acts as gate-keeper to the sector, and would-be new charities have to complete a rigorous 15-page questionnaire at an early stage of the application process. This clearly precludes doing favours back to other family members.
"It can be quite an onerous task to be a trustee, more than many people contemplate. However, once appointed, a trustee's legal duty is to ensure that the trust meets its charitable objectives. The Charity Commission likes to see at least three trustees, but there is nothing to stop the person creating the trust from being one.Members of the family or friends can be roped in as well. But it doesn't necessarily cost very much to set one up," says Pesh Framjee, head of the charity unit at BDO Binder Hamlyn. "I've set up charities that initially had no money at all."Charities can be established as registered companies, unincorporated associations or - the most likely option for individuals - as trusts under the control of the appointed trustees.