Consumer Rights Act 2015

Question 1

CRA relates to

Answer 1

b2c

Question 2

Can a trader exclude/ restrict liability for death or personal injury resulting from negligence in a term of a consumer contract?

Answer 2

No - any attempt to do so won’t be binding on consumer

Question 3

Negligence for purpose of CRA includes

Answer 3

(a) Any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract;

(b) Any common law duty to take reasonable care or exercise reasonable skill; and

(c) The common duty of care imposed by the Occupiers’ Liability Act 1957.

Question 4

Can a trader exempt liability for breach of the stat implied terms on goods + digital content?

Answer 4

no, if they do = not binding on consumer

Question 5

Can a trader exempt liability for breach of the stat implied terms about services?

Answer 5

any attempt to ENTIRELY exclude the term implied by the CRA on performing the service with reasonable care + skill = not binding on consumer

Restricting limiting liability can be binding AS LONG AS the consumer DOESN’T recovers less than the price paid.

Question 6

What does the CRA say on unfair terms?

Answer 6

They are not binding on consumer

Question 7

How can a term be unfair?

Answer 7

= causes significant imbalance in parties’ rights + obligations to consumer’s detriment.

Question 8

How is the unfair term judged?

Answer 8

At the time the contract is eentered into

Question 9

Can the court assess fairness on the trems specifying the main subject matter or for the price for goods, digital content or services provided the terms are transparent + prominent?

Answer 9

No, they can’t.

Question 10

The use of parallel/ secondary contracts in attempt to avoid the CRA mechanisms are…

Answer 10

generally prohibited