Consumer Rights Act 2015 Flashcards
Section 9 implies a term that goods will be of
satisfactory quality.
Section 10 implies a term that goods will be
fit for purpose.
Section 11 implies a term that goods will be as
described.
Liability is..
..strict.
Strict liability means..
..the buyer does not have to prove that the seller is at fault
The pecking order of remedies under s 19 (3) is
(a) the short-term right to reject and get a full refund (ss 20 and 22);
(b) the right to repair or replacement (if appropriate) (s 23); and
(c) the right to a price reduction or the final right to reject and get a partial refund to reflect the consumer’s use of the goods (ss 20 and 24).
Unless the parties have expressly agreed otherwise, the time limit for the short-term right to reject non-perishable goods is…
..30 days after they have been bought, delivered and, where appropriate, installed.
With perishable goods, the time limit is no longer than the goods could reasonably be expected to last.
Section 49 implies a term that the service/work will be carried out with..
..reasonable care and skill.
Section 51 implies a term, where no price has been fixed…
…that a reasonable price will be paid for the service/work;
Section 52 implies a term, where no time for performance has been fixed,
…that the service/work will be performed within a reasonable time.
Section 54 of the CRA 2015 provides that where a service/work does not conform to the contract because of either breach of an express term relating to the performance of the service/work or breach of the implied term to exercise reasonable care and skill (s 49),the consumer has the right to require…
…repeat performance (where reasonable) or to a price reduction.
s56(3) states that a consumer who has a right to ask for repeat performance under s55 can only ask for a price reduction if repeat performance would be impossible or if the trader has not done it within a reasonable time/without significant inconvenience to the consumer.
In relation to a breach of the implied term as to performance within a reasonable time (s 52), the consumer simply has the right to..
…an appropriate price reduction.
The terms implied by s 13 and s 14 of the SGA 1979
…are conditions.
The term implied by s 13 of the SGSA 1982 is simply described as a term and so is treated as
..innominate.
Terms implied by ss 3 to 4 of the Supply of Goods and
Services Act 1982 are described as..
…conditions.