Consumer Rights Act 2015 Flashcards

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1
Q

Section 9 implies a term that goods will be of

A

satisfactory quality.

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2
Q

Section 10 implies a term that goods will be

A

fit for purpose.

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3
Q

Section 11 implies a term that goods will be as

A

described.

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4
Q

Liability is..

A

..strict.

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5
Q

Strict liability means..

A

..the buyer does not have to prove that the seller is at fault

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6
Q

The pecking order of remedies under s 19 (3) is

A

(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).

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7
Q

Unless the parties have expressly agreed otherwise, the time limit for the short-term right to reject non-perishable goods is…

A

..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.

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8
Q

Section 49 implies a term that the service/work will be carried out with..

A

..reasonable care and skill.

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9
Q

Section 51 implies a term, where no price has been fixed…

A

…that a reasonable price will be paid for the service/work;

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10
Q

Section 52 implies a term, where no time for performance has been fixed,

A

…that the service/work will be performed within a reasonable time.

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11
Q

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…

A

…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.

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12
Q

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..

A

…an appropriate price reduction.

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13
Q

The terms implied by s 13 and s 14 of the SGA 1979

A

…are conditions.

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14
Q

The term implied by s 13 of the SGSA 1982 is simply described as a term and so is treated as

A

..innominate.

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15
Q

Terms implied by ss 3 to 4 of the Supply of Goods and

Services Act 1982 are described as..

A

…conditions.

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16
Q

Terms implied by the CRA are statutory rights or

A

…conditions.

17
Q

Liability for breach of the terms implied by ss9 and 10 CRA cannot be..

A

…excluded or restricted - s31 CRA.

18
Q

Liability for breach of s49 cannot be…

A

…excluded or restricted.