consumer rights act 2015

Question 1

section 9(1)

Answer 1

goods must be of a satisfactory quality and every contract to supply goods is to be treated as including a term that ensures the goods are of a satisfactory quality. this standard is assessed by taking into account what a reasonable person would expect, taking into account the price tag, the description and any other relevant factors

Question 2

section 9(2)

Answer 2

the quality of the goods is satisfactory if they meet the standard of what a reasonable person would consider satisfactory, taking account of: a-any description of the goods b-the price c-all the other relevant circumstances

Question 3

section 9 (3)

Answer 3

the quality of the goods include their state and condition, and the following aspects are in appropriate cases aspects of the quality of goods. a- fitness for all purposes for which goods of that kind are usually supplied b- appearance and finish c- freedom and minor defects d- safety e- durability

Question 4

rogers v parish

Answer 4

the following factors should be taken into account when assessing the merchantable quality of goods 1) the purpose for which the goods are commonly bought, the description of the goods, the price

Question 5

the first issue I am going to discuss is concerned with…

Answer 5

the consumer rights act 2015, the CRA offers protection to customers ensuring that goods meet certain statutory standards

Question 6

section 10

Answer 6

goods must be fit for any specific purpose made known to the trader, the contract is to be treated as including a term that ensures that the goods are reasonably fit for that purpose. whether or not that is a purpose for which the goods are usually supplied

Question 7

re Moore and landauer

Answer 7

the purchaser was entitled to reject the goods as they were not as described

Question 8

section 11

Answer 8

goods must match their description as provided by the trader at the time of the sale

Question 9

baldly v marshall

Answer 9

as the car did not meet the condition in the contract Marshall was entitled to return the car and a full refund

Question 10

after s11

Answer 10

remedies may vary depending on when the issue was raised as the CRA offers different remedies depending at which stage the issue was raised

Question 11

short term right to reject under s20 and s22

Answer 11

if the consumer raised the issue within the first 30 days of delivery they are entitled to the short term right to reject under s 20 and s 22. this remedy allows them to reject the item outright and claim a full refund. trader would be obligated to process the refund within the first 14 days of agreeing to the rejection with no option to insist or repair or replacement first.

Question 12

repair or replacement under s23

Answer 12

if the 30 day period has passed then the consumer can request a repair or replacement of the item under s23. trader must comply unless providing a repair or replacement is impossible or disproportionately costly

Question 13

final right to reject under section 31

Answer 13

(trader) may attempt to rely on the disclaimer included on the website. however, section 31 prohibits any attempt to try and exclude or restrict statutory rights under s9 s10 and s11 which have been previously defined. (traders) disclaimer is therefore unenforceable and does not affect (consumers) entitlement to remedies. their right remains fully intact and (trader cannot escape liability for the breaches.

Question 14

section 49

Answer 14

states that services are to be performed with reasonable care and skill and every contract to supply a service is to be treated as including A term that ensures the service will be performed with reasonable care and skill

Question 15

section 52

Answer 15

service must be performed within a reasonable time. this section applies to a contract to supply a service if a) the contract does not give an express time for the service to be completed and does not say how it is to be fixed, and b) information that is to be treated under s50 as included in the contract does not fix the time either

Question 16

section 55

Answer 16

right to repeat performance. 1) the right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract. 2) if the consumer requires repeat performance, the trader must a) provide it within a reasonable time without any inconvenience to the consumer and b) bear any necessary costs incurred in doing so.

Question 17

section 56

Answer 17

right to price reduction. the right to price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount. a consumer who has that right swell as the right to repeat performance is only entitled to a price reduction in one of these situations: a) because of s55(3) the consumer cannot require repeat performance or b) the consumer has the right to repeat performance but the trader is in breach of s55(2) to complete the service within a reasonable time without any inconvenience to the consumer. the trader must not impose any fee on the consumer in respect of the refund.

Question 18

section 62

Answer 18

requirement for contract terms and notices to be fair. 1) an unfair term of a consumer contract is not binding on the consumer. 2) an unfair consumer notice is not binding on the consumer. however this does not prevent the consumer from relying on the contract term or notice if they choose to do so. a term is unfair if contrary to the requirement of good faith, it causes a significant imbalance in the parties rights and obligations under the contract to the detriment of the consumer. whether a term is unfair is to be determined by; 1) taking into account the nature of the subject matter of the contract and 2) by reference to all the circumstances existing when the term was agreed on. (6) a notice is unfair if contrary to the requirement of good faith it causes as significant imbalance in the parties rights and obligations under the contract to the detriment of the consumer. whether a notice is fair is to be determined by: 1) taking into account the the nature of the subject matter of the notice and by reference to all the circumstances existing when the rights or obligations to which it relates arose.

Question 19

Thake v Maurice

Answer 19

services must be performed with a reasonable care and skill

Question 20

section 65

Answer 20

bar on exclusion or restriction of negligence liability. a trader cannot by a term of a consumer contract or by a consumer notice exclude or restrict liability for death or personal injury resulting from negligence. in this section “personal injury” includes any disease or impairment physical or mental condition. in this section “negligence” means any breach of; a)any obligation to take reasonable care and exercise reasonable skill in the performance of a contract. b) a common law duty to take reasonable care or exercise reasonable skill. c) the common law duty imposed by the occupiers liability act 1957. it is irrelevant whether a breach of duty was inadvertent or intentional or whether liability for it arises directly or vicariously.