Consumer Rights Act 2015 Flashcards
Consumer Rights Act 2015
makes rights and remedies available to consumers when making contracts with traders by implying terms into a contract for supply of goods or services
- Consumer Trader Relationship
relationship between consumer and trader
- Consumer
individual acting for purposes wholly outside if their business, craft or profession
- Trader
Individual acting for purposes within their business, craft, trade or profession, through themselves or an agent
- Types of Contracts
Supply of goods, supply of services, mixed contracts
Supply of goods
sale, hire, hire-purchase
Terms Implied into Contracts to Supply Goods
S.9 Satisfactory Quality
S.10 Fitness for Particular Purpose
S.11 Description
Remedies for Breach of Term Implied into a Contract to Supply Goods
S.20 Short-term Right to Reject
S.23 Right to Repair or Replacement
S.24 Right to Price Reduction or Final Right to Reject
S.9
Goods must be of satisfactory quality. Must reach standard that reasonable person would consider satisfactory
S.10
Goods must be fit for a particular purpose.
Before a contract is made, C makes it clear to T any particular purpose for which C is contracting goods
Baldry v Marshall
C relying on skill and judgement of T, expressed a particular purpose for which goods are required . Implied condition will be in contract
Griffiths v Peter Conway Ltd
If goods are fit for purpose for normal person - no breach
S.11
Goods must be as described
‘Every contract to supply goods by description is to be treated as including a term that the goods will match the description.’
S.20
C has a short term right to reject the goods
Must be exercised within 30 days of delivery of goods
C entitled to full refund
S.23
C has the right to require T to repair or replace the goods
Must do so within a reasonable time and without significant inconvenience to C.
S.24
If C not satisfied with repair or replacement, they have the right to a PRICE REDUCTION or a FINAL RIGHT TO REJECT AND CLAIM REFUND
Burden of Proof for Breach of Terms for Supply of Goods
If breach arrives within first 6 months from delivery, presumed to have been present at time of delivery
After 6 months, burden on C to prove product was faulty
Terms implied to a contract to supply services
S.49 - reasonable care and skill
S.52 - Performance within a reasonable time
Remedies for Breach of a Term Implied into a Contract to Supply Services
S.55 - Right to require repeat performance
S.56 - Right to price reduction
S.49
T must perform service with reasonable care and skill
S.52
Service must be performed within a reasonable time where contract does not have express term fixing the time
S.55
C has the right to request repeat performance.
Within reasonable time and no inconvenience to C
S.56
right for a reduction in price by an appropriate amount for T’s failure to perform contract
When is S.56 available
repeat performance is impossible
C asked for repeat performance but T is in breach of requirement
