CONSUMER PROTECTION ACT
Following on the decision after our discussion at the recent
Fedco meeting in December 2010, we have
been back to the lawyers and quote hereunder their relative
Comments to us on 3rd December 2010:
our view, in order to be included within the ambit of the CPA,
the sale of puppies should be
capable of being classified as a "transaction"
and puppies should be capable of being classified
term "Goods" refers,
inter alia, to "any
tangible object". A puppy is an "object"
in that it is
of being purchased and owned by a person. This is a basic
principle of the law of things.
are therefore "goods".
refers to –
in respect of a person acting in the ordinary course of business
(i) an agreement between or among that person and one or
more other persons for the
or potential supply of any goods or services in exchange for
(ii) the supply by that person of any goods to or at the
direction of a consumer for
our view, if puppies are sold within the "ordinary
course" of a breeder's business, it would
constitute a "transaction".
In other words, if a breeder sells puppies routinely as part of
operations, it would constitute a "transaction". This is the one
end of the spectrum.”
However, on the other end of the spectrum, should puppies be
sold once only or on an
there is a strong argument that such sales would not
Should puppies be sold on any other basis (e.g. as part of a
side business), the application of
CPA is unclear.
the case of uncertainty, the provisions of the CPA should be
interpreted purposively. The
of the CPA is to protect the rights and interests of consumers.
Therefore, in order to
the rights and interests of as many consumers as possible, it is
arguable that the CPA
be interpreted to include the sale of puppies in other
instances. However, it is not
how a court would view those grey transactions to the centre of
Previously when we asked
about this Act, they stated the following:
“Breeders will indeed be subject to this Act as
they will be trading in “goods and services” for
purposes of the Act. Consumers (dog
purchasers) would therefore have all the rights to
consumer protection set out in the Act (fair and
honest dealing, reasonable terms and conditions,
etc) and there will be a corresponding duty
on breeders to draft clear agreements of sale in plain
therefore suggest that you advise everyone concerned in your
area, and we will be putting it on the
as well, that great care should continue to be taken when