Consumer Guarantees Act 1993 Flashcards
What is the purpose of the Consumers Guarantees Act 1993?
Section 1A
Contribute to a trading environment in which-
a) The interests of consumers are protected; and
b) Businesses compete effectively; and
c) Consumers and businesses participate confidently
What are two of the main differences between the Sale of Goods Act 1908 and the Consumers Guarantees Act 1993?
The Sale of Goods Act 1908 applies only to contracts of sale of goods. The CGA applies to contracts of both goods and services.
The SOGA applies to all contracts of sale irrespective of who the parties are. The CGA applies where one of the parties is a consumer.
What is Section 41 of the CGA?
It is an exemption to the CGA.
It means that nothing in the act apples when things are done not in-trade.
It also means that there is no right of redress against a charitable trust when it is done for the benefit of the person whom is supplied.
What three questions must be asked to determine if something falls under the CGA 1993?
Whether we are dealing with goods or services.
Whether they are supply by a supplier or manufacturer.
Whether they are supplied to a consumer.
What is included as goods?
Means personal property of every kind (tangible or intangible) , other than money or choses in action
Give four examples of services under S2 of the CGA 1993
A contract for the supply of telecommunications, water, gas and electricity
A contract to perform work (such as professional work)
A contract to provide certain facilities.
A contract to provide insurance.
Give two examples where some services are excluded.
Services performed as part of an employment relationship.
Services what are not provided as part of a contract. Eg. A state hospital performing medical services.
What is a supplier?
A supplier is someone who is in-trade.
A supplier supplies to a consumers.
What guarantees as to title are found under S5 of the CGA 1993?
(1) (a) That the supplier has a right to sell the goods.
(1) (b) That the goods are free from any undisclosed security
(1) (c) That the consumer has the right to undisturbed possession.
What are two exceptions to undisturbed possession under section 5(1)(c) of the CGA 1993?
1) Where the goods are transferred under hire purchase.
2) Where there is a retention of ownership (Romalpa) clause.
What is guaranteed under Section 6 of the CGA 1993?
That the goods supplied will be of acceptable quality.
What is meant by acceptable quality?
S7
(a) Fit for all the purposes for which goods of the type in question are commonly supplied.
(b) Acceptable in appearance and finish
(c) Free from minor defects.
(d) Safe
(e) Durable
As a reasonable consumer fully acquainted with the sate and condition of the goods would regard as acceptable having regard to:
(f) The nature of the goods
(g) The price
(h) Any statements on the packaging or label
(ha) Tha later if the supplier and the context in which they are supplied.
(i) Any representation made about the goods
(j) All other relevant circumstances.
What is an exemption to the guarantee of acceptable quality?
S7(2)
Where any defects have been specifically drawn to the attention of the consumer.
The goods have been used in a manner or to an extent that is inconsistent with how a reasonable consumer would have and they would have copied if not used in this manner.
What is held as a guarantee under Section 8 of the CGA 1993?
Goods must be reasonably fit for a purpose which the consumer makes known to the supplier. The consumer may make this known expressly or implied.
Goods must be reasonably fit for any purpose that the supplier represents they are fit for.
What new two exceptions are there under Section 8 (2)?
(a) The consumer does not rely on the suppliers skill or judgment, or
(b) It is unreasonable for the consumer to reply on the supplier’s skill or judgement.
What guarantee comes from Section 9 CGA 1993?
Where goods are sold by description, the goods will correspond with the description.
What guarantee comes from Section 10 CGA 1993?
That goods supplied from a sample, that the goods correspond with he sample or demonstration model.
That the consumer will have a reasonable opportunity to compare the goods.
What guarantee comes from Section 11 CGA 1993?
Where goods are supplied, the consumer is not required to pay the supplier more than a reasonable price for the goods in any case where the price for the goods is not:
(a) Determined by the contract
(b) Left to be determined in a manner agreed by contract,
(c) Left to be determined by the course of dealing between parties.
Can you sue for a breach of Section 11?
No a consumer should just refuse to pay more than a reasonable price.
What redress is available under S18 of the CGA 1993?
If the problem can be fixed, the consumer can require the supplier to repair it.
OR
If the problem is a substantial one which cannot be fixed, the consumer may reject the goods.
AND
Irrespective of whether the consumer chooses to have the goods repaired, or to reject the goods, the consumer can claim damages.
What can be done if a supplier fails or refuses to repair a product under Sec 18?
Get the goods fixed elsewhere and charge the supplier the cost, or
Reject the goods.
What may a supplier do to remedy under S19?
A supplier may repair goods
Replace the goods
Provide a refund.
What is meant by failure of substantial character?
Section 21 CGA 1993.
The goods would not have been acquired by a reasonable consumer fully acquainted with the failure
The goods depart from 1 or more significant respects from the description or sample
They are substantially unfit for purpose for which that type of goods is commonly supplied.
The are not acceptable quality because they are dangerous.
What is meant by rejecting the goods?
Notifying the supplier that the consumer is rejecting the goods and the grounds for the rejections.
This means the goods are returned.
