Compensation
Consumers can claim compensation
for faulty goods and the normal remedy would be a repair of replacement, depending on the time for date of purchase.
Compensation by way of damages is designed to compensate for actual losses
and so normally amounts to the cost of repair or replacement (with goods of
a similar age). Any direct and predictable expense arising as a result of being
supplied with faulty goods can also be claimed by the customer.
This could include the cost of returning the goods, for example. In some instances
the customer could get the defect remedied by someone else and claim the cost
from the retailer as compensation for breach of contract.
However, this is not
advised as it might make it difficult to prove the problem dated from the time
of the sale and that the original retailer may have been able to supply an alternative remedy given the opportunity. .
Of course, a claim on any guarantee given with the goods is often
the easiest way forward.
For a faulty four-year-old radio with an inherent fault, a consumer’s
claim would typically be for the amount necessary to have it repaired or to
purchase a similar four-year-old radio (but in working order, of course).
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