Consumer Rights Act 2015

Question 1

Consumer Rights Act 2015

Answer 1

makes rights and remedies available to consumers when making contracts with traders by implying terms into a contract for supply of goods or services

Question 2

2. Consumer Trader Relationship

Answer 2

relationship between consumer and trader

Question 3

2. Consumer

Answer 3

individual acting for purposes wholly outside if their business, craft or profession

Question 4

2. Trader

Answer 4

Individual acting for purposes within their business, craft, trade or profession, through themselves or an agent

Question 5

3. Types of Contracts

Answer 5

Supply of goods, supply of services, mixed contracts

Question 6

Supply of goods

Answer 6

sale, hire, hire-purchase

Question 7

Terms Implied into Contracts to Supply Goods

Answer 7

S.9 Satisfactory Quality
S.10 Fitness for Particular Purpose
S.11 Description

Question 8

Remedies for Breach of Term Implied into a Contract to Supply Goods

Answer 8

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

Question 9

S.9

Answer 9

Goods must be of satisfactory quality. Must reach standard that reasonable person would consider satisfactory

Question 10

S.10

Answer 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

Question 11

Baldry v Marshall

Answer 11

C relying on skill and judgement of T, expressed a particular purpose for which goods are required . Implied condition will be in contract

Question 12

Griffiths v Peter Conway Ltd

Answer 12

If goods are fit for purpose for normal person - no breach

Question 13

S.11

Answer 13

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.’

Question 14

S.20

Answer 14

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

Question 15

S.23

Answer 15

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.

Question 16

S.24

Answer 16

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

Question 17

Burden of Proof for Breach of Terms for Supply of Goods

Answer 17

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

Question 18

Terms implied to a contract to supply services

Answer 18

S.49 - reasonable care and skill

S.52 - Performance within a reasonable time

Question 19

Remedies for Breach of a Term Implied into a Contract to Supply Services

Answer 19

S.55 - Right to require repeat performance

S.56 - Right to price reduction

Question 20

S.49

Answer 20

T must perform service with reasonable care and skill

Question 21

S.52

Answer 21

Service must be performed within a reasonable time where contract does not have express term fixing the time

Question 22

S.55

Answer 22

C has the right to request repeat performance.

Within reasonable time and no inconvenience to C

Question 23

S.56

Answer 23

right for a reduction in price by an appropriate amount for T’s failure to perform contract

Question 24

When is S.56 available

Answer 24

repeat performance is impossible

C asked for repeat performance but T is in breach of requirement

Question 25

Exclusion Clauses

Answer 25

rights cannot be excluded or limited by the trader