Other Liabilities of the Seller and Liabilities of Third Parties

Abstract This chapter begins with a discussion of express warranties and the circumstances, particularly, where pre-contractual statements of the seller become terms of the contract. It then turns to misrepresentation, with some discussion of deceit (fraud) and a more substantial discussion of innocent (equitable) misrepresentation that includes damages and rescission. There is a treatment of the particular issue of misrepresentation and seller insolvency. There follows a discussion of the tort of negligence and consumer safety legislation (the Consumer Protection Act 1987), as well as the civil and criminal provisions of the Digital Markets, Competition and Consumers Act 2024. The contractual liability of third parties on guarantees is discussed, also the means by which a seller’s liability in respect of non-conforming goods may be passed up the chain to the source of non-conformity. Finally, the liability of card issuers under the Consumer Credit Act 1974 is discussed.