The author looks at the Directive from the point of view of its impact on existing Irish Sale of Goods Law — notably the Sale of Goods & Supply off Services Act, 1980. The reach of the term 'dealing as consumer' as it is currently interpreted in Irhs law is examined and contrasted with the rights of the consumer as incorporated in the Directive. Whilst the Directive overall has a narrower canvass than does the 1980 Act (and the sale of Goods Act, 1893 which the 1980 Act amends) it incorporates both provisions which are complementary to existing Irish legislation and others which appear to duplicate existing Irish measures. In short, the Directive does not provide a tailor-made platform from which existing Irish law can be readily amended. Such would be too much to ask from a document reflecting disparate national inputs. It is the author's general conclusion that whilst the Directive has much to commend it, existing Irish consumer protection law covers a wider canvass and in greater depth.
European Review of Private Law