CONSUMER RIGHTS ACT

Question 1

When was the consumer rights act legalised? (1)

Answer 1

2015

Question 2

what terms are implied into a contract to supply goods? (4)

Answer 2

-sale
-hire
-hire-purchase
-either contracts for the transfer of goods

Question 3

define a consumer. (1)

Answer 3

‘an individual acting for purposes that are wholly or mainly outside the individual’s trade, business, or craft or profession’

Question 4

define a trader. (1)

Answer 4

a person acting for purposes relating to that persons trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf’

Question 5

what sections of the consumer rights act cover terms implied into a contract to supply goods? (3)

Answer 5

S9, S10 and S11

Question 6

what does Section 9 of the consumer rights act state? (1)

Answer 6

section 9 of the consumer rights acts states ‘every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory’

Question 7

what does Section 10 of the consumer rights act state? (1)

Answer 7

this section applies to a contract to supply goods, if before the contract is made, the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.

Question 8

what does Section 11 of the consumer rights act state? (1)

Answer 8

section 11 of the consumer rights acts states, ‘every contract to supply goods by description is to be treated as including a term that the goods will match the description’

Question 9

what is satisfactory quality defined as? (1)

Answer 9

satisfactory quality is defined as being where the goods meet the standard that a reasonable person would consider satisfactory.

Question 10

what factors are taken into account when judging satisfactory quality? (3)

Answer 10

• any description of the goods
• the price or other consideration for the goods
• all other relevant circumstances

Question 11

what factors are considered when looking at the quality of the goods? (4)

Answer 11

-the fitness for all the purposes for which the goods of that kind are usually supplied and their durability
- appearance and finish of the goods
- freedom from minor defects of the goods
- the safety of the goods

Question 12

what is the first exception to the factors in section 9? (1)

Answer 12

1. with respect to defects specifically drawn to the consumers attention before the contract is made.

Question 13

what is the second exception to the factors in section 9? (1)

Answer 13

2. where the consumer examines the goods before the contract is made in relation to any defect that the examination would have revealed.

Question 14

what is the third exception to the factors in section 9? (1)

Answer 14

3. where the goods have been sold after inspection of a sample and the defect would have been apparent on a reasonable examination of the sample

Question 15

what test is used to examine satisfactory quality in terms of section 9 of the consumer rights act? (1)

Answer 15

an objective test based on the views of a ‘reasonable person’ rather than those of the trader/supplier

Question 16

what case covers section 9 of the consumer rights act? (1)

Answer 16

Rodgers v Parish (Scarborough) Ltd (1987)

Question 17

what is the implied term of section 10 of the consumer rights act? (1)

Answer 17

in these circumstances there is an implied term that the goods are reasonable fir for that purpose, whether or not that is a purpose for which the goods of that kind are usually supplied.

Question 18

what cases cover section 10 of the consumer rights act? (3)

Answer 18

• Baldry v Marshall (1925)
• Grant v Australian knitting mills ltd (1936)
• Griffiths v Peter Conway Ltd (1939)

Question 19

what can the description be in section 11 of the consumer rights act? (3)

Answer 19

-the description can be an implied description
-the description must also include relevant information
-where the supply of goods is by reference to a model seen or examined by the consumer, then the goods supplied must match that model.

Question 20

what cases cover section 11 of the consumer rights act? (2)

Answer 20

Re Moore and co. ltd and landauer and co.’s Arbitration (1921)
Beale v Taylor (1967)

Question 21

what sections cover remedies for the breach of a term implied into a contract to supply goods? (3)

Answer 21

S20, S23 and S24

Question 22

what does section 20 of the consumer rights act cover? (1)

Answer 22

the short term right to reject under s20 must be exercised within 30 days of the delivery of goods.

Question 23

what does section 23 of the consumer rights act cover? (1)

Answer 23

if the s20 right is not exercised by the consumer, he or she will have the right to repair or replacement under s23.

Question 24

what does section 24 of the consumer rights act cover? (1)

Answer 24

if s23 does not bring satisfaction, the consumer has the right to price reduction or a final right to reject the goods and claim a refund under S24

Question 25

when is the 30 day reject period short under section 20 of the consumer rights act? (1)

Answer 25

the period will be shorter if the goods are perishable.

Question 26

what is required from the consumer under section 20 of the consumer rights act? (1)

Answer 26

• exercise of the short term right to reject must be made aware to the trader that he or she is rejecting the goods and terminating the contract, he or she is then entitled to a full refund.

Question 27

what is the first thing required from the trader under section 20 of the consumer rights act? (1)

Answer 27

• the trader must bear any reasonable costs of returning the goods, other than any costs incurred by the consumer in returning the goods in person or to the place where the consumer took physical possession of them.

Question 28

what is the second thing required from the trader under section 20 the consumer rights act? (1)

Answer 28

• a refund must be given without undue delay, and in any event within 14 days, beginning with the day on which the trader agrees that the consumer is entitled to a refund.

Question 29

how much a refund be given under section 20 of the consumer rights act? (1)

Answer 29

the refund must be given using the same means of payment as the consumer used unless the consumer expressly agrees otherwise and the trader must not impose any fee for returning the goods.

Question 30

in what circumstances can a replacement not be given under section 23 of the consumer rights act? (2)

Answer 30

• it would be impossible to replace faulty goods if they were unique
• if it would impose an unreasonable cost on the trader compared with an alternate remedy.

Question 31

what must the trader do if a consumer requires a repair or replacement? (1)

Answer 31

• if the consumer requires the trader to repair or replace the goods, the trader must do so within a reasonable time and without significant inconvenience to the consumer - trader must cover any costs in doing so

Question 32

when s=does section 24 of the consumer rights act apply? (1)

Answer 32

when the trader has attempted to repair or replace the goods at least once.

Question 33

what does s19(14) and (15) of the consumer rights act cover?

Answer 33

if a breach of the statutory rights arises in the first 6 months from delivery, it is presumed to have been present at the time of delivery. therefore, if a fault is discovered within the first 6 months after buying the product, it is presumed to have been there since purchase - unless the trader can prove otherwise.

Question 34

when does s19(14) and (15) of the consumer rights act apply? (1)

Answer 34

this applies where the consumer exercises his or her right to a repair or replacement or his or her right to a price reduction or the final right to reject but does not apply where the consumer exercises the short term right to reject.

Question 35

what sections cover terms implied into a contract to supply services? (2)

Answer 35

S49 and S52

Question 36

what does section 49 of the consumer rights act state? (1)

Answer 36

states that a contract to supply a service is to be treated as including the term that the trader must perform the service with reasonable care and skill.

Question 37

what does section 52 of the consumer rights act state? (1)

Answer 37

the service has to be performed within a reasonable time where the contract does not expressly fix the time for the service to be performed, and does not say how it is to be fixed.

Question 38

what cases cover section 49 of the consumer rights act? (2)

Answer 38

Thake v Maurice (1986)
Wilson v Best travel (1993)

Question 39

when does section 52 of the consumer rights act apply? (1)

Answer 39

applies where the contract does not have a term with respect to time and the service has not been completed or has taken longer than expected. what is a reasonable time will depend on the circumstances.

Question 40

what sections cover remedies for the breach of a term implied into a contract to supply services? (2)

Answer 40

S55 and S56

Question 41

what does section 55 of the consumer rights act state? (1)

Answer 41

the right requires the trader to perform the service again, in the extent necessary to complete its performance in accordance with the contract.

Question 42

what does section 56 of the consumer rights act state? (1)

Answer 42

this right to reduce the price to the consumer by an appropriate amount for the traders failure to perform the contract.

Question 43

what is the result of section 56 of the consumer rights act? (1)

Answer 43

this may result in the trader giving a refund, up to the full contract price.

Question 44

in what situation will section 56 of the consumer rights act apply? (2)

Answer 44

• where completion by repeat performance is impossible
• if the consumer has asked for repeat performance but the trader is in breach of the requirement to do it within a reasonable time and without significant interference to the consumer