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Hi, need to submit a 1750 words essay on the topic Business Law: The Lemon Law.Download file to see previous pages... Lemon laws are laws that protect consumers against defective, and substandard good
Hi, need to submit a 1750 words essay on the topic Business Law: The Lemon Law.Download file to see previous pages...
Lemon laws are laws that protect consumers against defective, and substandard goods and those that are not in alignment with the terms of a contract, or fail to meet the performance standards at the time the goods are purchased. The lemon laws comprise amendments to the Hire Purchase Act (HPA), Consumer Protection Act, and Road Traffic Act. In addition, the law applies to all consumer goods bought in Singapore such as electronics, stationeries, bedding, apparel, cars, and motorcycles (Ministry of Trade and Industry, 2012). The law provides different recourse in case a consumer finds a defect in the good purchased or if the goods bought happen not t be of the quality needed. Under such a scenario, the law provides the retailer with the first option of either repairing or replacing the defective good within a stipulated time duration that is short enough so as not to inconvenience the consumer. However, if it happens that the good in question cannot be repaired or replaced by the retailer within a reasonable time then the consumer is allowed by the lemon law to keep the defective good and request for a partial refund from the retailer. Otherwise, the consumer can return the good in full and ask for a full refund from the retailer. However, the full refund is made after taking into consideration the state of the product being returned as a result of its use by the consumer (Ministry of Trade and Industry, 2012). However, the lemon law only provides remedies for defects reported within the first six months after sale or delivery to the consumer. In this regard, the law provides that if the consumer detects the defects on the good within six months of delivery, the defects are presumed to have existed at the time the goods are sold or delivered and the lemon law become applicable, unless the seller proves otherwise or where the presumption does not match the nature of goods. For instance, the presumption may not apply for perishable goods whose lifetime is short. Nevertheless, consumers are still allowed to seek for remedies after the six-month duration for breach of contract, but now the burden of proof of the existence of a defect at the time of delivery or sale lies with the consumer (AsiaOne, 2012). The passed lemon law is applicable to all consumer goods except leased goods/rent and real property. However, despite the fact that perishable goods are also covered under the lemon law, the presumption that the defects reported within six months of delivery or sale is only applicable under the law up to the standard shelf-life of the consumable good if its shelf-life is below six months. In addition, the law is also extended to cover both new and second hand products, as well as vehicles and motorcycles in line with overseas jurisdictions (AsiaOne, 2012). Despite the fact that the lemon law provides remedies to consumers, circumstances exist where the consumer may not be entitled for any remedy. The circumstance include where the consumer damaged the products, or mishandled the goods and caused defects or where the consumer accidentally damaged the item in question while trying to repair to whether by the consumer himself or third party.