20-Continued: Statute For Consumer Contracts Flashcards
What law covers most of the contracts made between consumers and traders?
Consumer Rights Act 2015
What 4 main things does the CRA 2015 cover?
1) Contracts between consumer and trader.
2) Covers unfair terms in consumer contracts.
3) Gives definition of ‘consumer’
4) Gives definition of ‘trader’
Definition of consumer
An INDIVIDUAL acting for purposes that are outside that individuals trade or role etc.
An INDIVIDUAL acting for purposes that are outside that individuals trade or role etc.
What is this the definition of?
A consumer.
Definition of a trader
A person acting for purposes related to their trade or role etc this includes agents.
A person acting for purposes related to their trade or role etc this includes agents.
What is this the definition of?
Trader
What are the main contracts CRA 2015 covers?
1) Sale
2) Hire
3) Hire-purchase
4) Other contracts for transfer of goods
What is s9 CRA 2015
Right of satisfactory quality
Right of satisfactory quality
s9 CRA 2015
What things will judges take account of regarding satisfactory quality of good in s9 CRA 2015?
1) any description of the product
2) the price or other consideration
3) all other relevant info
What things will a judge consider regarding the state of the goods for s9 CRA 2015?
- fit for purpose
- appearance
- free from defects
- safety of goods
What things will make any claim for defect not apply under s9 CRA 2015?
- defects drawn to consumer attention before purchase
- consumer examined goods and should have realised
- consumer examines sample and defect would have been noticed
s9 CRA 2015 is based on subjective or objective test?
Objective test-reasonable person
What case supports the principle in s9 CRA 2015?
Rogers v Parish Scarborough (1987)
Facts: Range Rover sold as 4x4 but was saloon car.
Rogers v Parish Scarborough (1987)
Supports principle in s9 CRA 2015
s10 CRA 2015
Right of fitness for purpose for goods
Right of fitness for purpose of goods
s10 CRA 2015
What case supports the principle in s10 CRA 2015?
Baldry v Marshall (1925)
Facts: Buyer asked seller to supply car that was practical. Bugatti was not practical.
Baldry v Marshall (1925)
Principle: supports principle in s10 CRA 2015
Facts: Buyer asked seller to supply car that was practical. Bugatti was not practical.
s11 CRA 2015
Right relating to description of goods.
Goods must match description
Right relating to description regarding goods sold
s11 CRA 2015
What case supports the principle in s11 CRA 2015?
Beale v Taylor (1967)
Facts: car that was welded from two pieces were actually two different ages cars. Failed to meet description.
Beale v Taylor (1967)
Example of: supports principle in s11 CRA 2015
Facts: car that was welded from two pieces were actually two different ages cars. Failed to meet description.
What case is an example of the harshness of the principle in s11 CRA 2015?
Re Moore and Landauer and Co. Arbitration (1921)
Facts: contract for tins packed in boxes of 30 was actually in 24. Considered breach.
Re Moore and Landauer and Co. Arbitration (1921)
Example of: the harshness of principle in s11 CRA 2015
Facts: contract for tins packed in boxes of 30 was actually in 24. Considered breach.
What are some remedies for breach of a term implied into a contract to supply goods?
1) s20-short term right to reject
2) s23 right to repair or replace
3) s24 right to price reduction or final right to reject
s20 CRA 2015
Short term right to reject (goods)
Short term right to reject
s20 CRA 2015
s23 CRA 2015
Right to repair or replacement (goods)
Right to repair or replacement
s23 CRA 2015
s24 CRA 2015
Right to price reduction or final right to reject (goods)
Right to price reduction or final right to reject
s24 CRA 2015
s19(14) and (15) CRA 2015
A breach of statutory rights, such as a fault, within first 6 months of purchase it is presumed the fault was there before purchase.
A breach of statutory rights, such as a fault, within first 6 months of purchase it is presumed the fault was there before purchase.
s19(14) and (15) CRA 2015
s20 CRA 2015: Short-term right to reject
Specific details
Defect within first 30 days of delivery
Trader bears responsibility for cost of return
Refund given without delay-max 14 days
Refund by same means unless stated
Defect within first 30 days of delivery
Trader bears responsibility for cost of return
Refund given without delay-max 14 days
Refund by same means unless stated
s20 CRA 2015-Short term right to reject
s24 CRA 2015: Right to a price reduction or final right to reject
Specific details of section
If s23 doesn’t work then this section
Trader only gets 1 attempt at repair or replacement
Reduction of damages relevant to consumer use, as in motor vehicles.
If s23 doesn’t work then this section
Trader only gets 1 attempt at repair or replacement
Reduction of damages relevant to consumer use, as in motor vehicles.
s24 CRA 2015: Right to a price reduction or final right to reject
What terms are imposed through CRA 2015 regarding contracts to supply a service?
s49-reasonable care and skill
s52-perform within a reasonable time
What case supports the principle in s49 CRA 2015?
Wilson v Best Travel (1993)
Facts: On hol in Greece, C fell through glass door. Glass conformed to Greek but not British standards but travel company had done all it required to ensure safety.
Wilson v Best Travel (1993)
Example of: case supporting the principle in s49 CRA 2015
Facts: On hol in Greece, C fell through glass door. Glass conformed to Greek but not British standards but travel company had done all it required to ensure safety.
s49 CRA 2015
Reasonable care and skill (services)
s52 CRA 2015
Perform within a reasonable time (services)
Reasonable care and skill (services)
s49 CRA 2015
Perform within a reasonable time (services)
s52 CRA 2015
What are two remedies to a breach of a term implied into a contract to supply services?
- s55: Right to require repeat performance
- s56: Right to a price reduction
s55 CRA 2015
Remedy for services
Right to require repeat performance
Remedy for services
Right to require repeat performance
What act and section?
s55 CRA 2015
s56 CRA 2015
Remedy for breach of services contract
Right to a price reduction
Remedy for breach of a services contract:
Right to a price reduction
What act and section?
s56 CRA 2015
