SERVICES


Tuesday December 3, 2008

Irish Look To Bring Sales Law Into 21st Century

"The Sale of Goods Act 1893 was a pioneering piece of legislation in its day but does not provide an adequate legislative basis for commercial transactions in the 21st Century."

Tánaiste and Minister for Enterprise, Trade and Employment, Mary Coughlan T.D, announced the establishment of an expert group, chaired by Professor Robert Clark of UCD, to review the legislation governing the sale of goods and supply of services last Thursday.

This legislation provides the statutory framework for the regulation of business-to-consumer and business-to-business contracts and is a cornerstone of both Irish consumer and commercial law.

The statutes under review include the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980.

The Tánaiste said that she had initiated the review for two main reasons.

"Firstly, the proposed EU Directive on Consumer Rights published on 8 October will have a profound long-term effect on consumer rights and law in Ireland," she explained.

"It is vital that we are in a position to understand fully the provisions and implications of the proposed Directive and the Review Group will have a central role to play in the formulation of our response to the Directive.

"Secondly, the current body of legislation is a mix of the 1893 pre Independence legislation and the 1980 Act together with secondary legislation deriving from EU Directives.

"This has made it difficult for consumers and businesses to understand their rights and obligations. There is clearly a need for modernisation and consolidation of the law in line with the objectives of the Government's Better Regulation program.

"The Sale of Goods Act 1893 was a pioneering piece of legislation in its day but does not provide an adequate legislative basis for commercial transactions in the twenty first century." the Tánaiste added

The Review Group held its first meeting last Friday and will prepare an analysis and evaluation of the proposed Consumer Rights Directive in the first quarter of 2009 and is expected to complete its work by mid-2010.

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