Buyer B2C Remedies Flashcards

1
Q

What main piece of legislation lays out main B2C remedies available to buyers?

A

s19(3) CRA

A. short time right to reject

b. right to repair / replacement
c. right to price reduction / final right

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2
Q

What must the consumer do if they intend to reject the goods? law?

A

s20(5) CRA

consumer must indicate to trader that they reject the goods AND

are treating the contract as an end

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3
Q

Which laws concern short term right to reject? (5)

A

s22(1) - rejection period expires

s22(2) - cannot contract out of short term right

s22(3) - end of 30 days

s22(6) - rejection period suspended when agree to r/r

s22(7) - r / r goods do not conform - extended 7 days

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4
Q

when does c lose short term right to reject? law?

A

when rejection period has expired - s22(1)

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5
Q

How long is Cs rejection period? Law?

A

the end of 30 days - s22(3)

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6
Q

When is the rejection period suspended / extended? Law?

A

where c requests / agrees to repair - s22(6)

where goods supplied by trader in response to repair / replacement request, do not conform with contract, extended by 7 days after waiting period - s22(7)

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7
Q

Can a short term right to reject be contracted out of? Law?

A

no - s22(2)

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8
Q

Which laws concern repair / replacement?

A

s23(2) CRA - right to r /r

s23(3) CRA - traders refuse to repair if disproportionate

s23(8) CRA - repair = making goods conform

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9
Q

What is the main law stating that c has right to repair / replacement?

A

s. 23(2) CRA

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10
Q

When can a trader refuse to repair? Law?

A

s23(3) - where repair / replace disproportionate to other remedies

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11
Q

What does repair mean? Law?

A

s 23 (8) - repair means making goods conform

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12
Q

When can the final right to reject / price reduction take place? Law?

A

s24 (5)
only when…

(a) 1st repair / replacement doesn’t conform

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13
Q

In what situation can a consumers refund be reduced? Law?

In what situation can a consumers refund not be reduced?

A

s24 (8) - where the consumer has used goods since delivery

s24(10) - if C made final right to reject within first 6 months

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14
Q

what is the right to a price reduction? Law?

A

s24 (1)(a) - trader reduces price by appropriate amount

s24(1)(b) - c receives refund from trader for anything already paid

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