An Examination of Consumer Legal Remedies for Defective Goods Under Saudi Legal System: A Comparative Study with English Law

Abstract

The thesis's core premise is that a lack of consumer protection law has resulted in a denial of equitable legal remedies, both generally and specifically in cases involving defective goods. Until 2018, the statement 'the item sold cannot be returned or exchanged' was widespread in the Saudi marketplace. Even after the Ministry of Commerce prohibited such conduct, consumer remedies remained ambiguous, inconsistent, and based on unfair trade policies. Thus, the primary goal of this thesis is to evaluate the available remedies for consumers in the Saudi legal system when faced with a defective good, as well as to examine how consumers in this case resolve their disputes. Given that the Saudi legal system is primarily based on Islamic law, it follows that in the absence of specific legislation, Islamic law is consulted to determine the applicable provisions. As a result, the lack of a consumer protection law resulted in the application of the traditional rules of the sales contract in Islamic law. Therefore, the thesis addresses the position of traditional Islamic rules on defective goods, the remedies these rules provide and the extent to which they adequately apply to consumer contracts. It can conclude that while these provisions serve as a strong foundation for safeguarding the interests of both parties involved in the sales contract, it has been determined that they are inadequate in addressing issues of the contemporary consumer contract, which lacks equality in negotiation between the parties. To achieve the main aim of the thesis, it is necessary to investigate various concepts of the Consumer Protection Law, including the definition of a consumer, the nature of the goods involved, and the circumstances in which these goods are considered defective and legal remedies available to the consumer. Also examining and discussing the procedures for resolving consumer disputes over defective goods. The thesis employed English law as a model for consumer protection law that has evolved, encompassing various consumer concerns. The English model has paid strong attention to consumer rights in the event of product defects, whether through enacting relevant laws or judicial precedents that established important legal principles or effective mechanisms to implement these remedies, such as ADR and small claims courts. This thesis stands out in the Saudi legal literature since it discusses and evaluates the Draft Law presented in 2022 to remedy shortcomings in consumer remedies . The thesis findings should guide and improve the consumer remedies system in Saudi Arabia by proposing amendments to the Draft Consumer Protection Law of 2022.