Consumer Rights Act 2015

Question 1

First step of CRA 2015 answer:

Answer 1

Here, D would be considered a trader, and C [name] would be considered a consumer because (describe why). Therefore, the Consumer Rights Act 2015 applies to the supply of [state goods].

Question 2

Second step of CRA 2015 answer:

Answer 2

Under s9, it is implied that C has the right to receive goods of satisfactory quality. Satisfactory means a standard that a reasonable person thinks is satisfactory (Rogers v Parish). Courts consider condition, safety and price of the goods. Every contract to supply goods is treated as if this is implied within the contract. Here, [describe what is wrong with the goods]. This falls below what a reasonable person would expect.

Question 3

Third step of CRA 2015 answer if relevant:

Answer 3

If relevant -
Under s10, C has the implied right to the goods being fit for a particular purpose whether or not it is a purpose for which the goods are normally supplied (Baldry v Marshall). Here, it was made clear that the [goods] was/were needed for [describe use]. They were not fit for this purpose because [describe how] and so there has been a breach of s10.

(extra points if necessary)
If C has a particular sensitivity that is unknown by D, then as long as the [state goods] were fit for the purpose of a reasonable person, there would be no breach (Griffiths v Conway). Here, C’s [describe sensitivity] was not known by D, and the [good] was fit for reasonable purpose because (describe how) so there is no breach.

The consumer does not need to make this explicit to the trader, unless the purpose for the goods is different to its normal use (Grant v AKM). Here, C did not need to state their purpose for the [goods] as its use as [describe what good was used for] would be considered normal use.

Question 4

Fourth step of CRA 2015 if relevant (relating to time):

Answer 4

If relevant –

Under s19(14) and (15), as the goods are faulty [describe] after [state how long since purchase], the courts assume that the fault existed at the time of purchase, as it is within 6 months. If over 6 months the Burden would be on C to prove the fault existed at the time of purchase.