Consumer Rights Act 2015

Question 1

what is a consumer

Answer 1

an individual acting for purposes that are wholly or mainly outside that individuals trade, business, craft or profession

Question 2

sale of goods

Answer 2

passed to protect the consumer and the products received

Question 3

Beale v Taylor (sale of goods terms)

Answer 3

The right relating to description - whatever you are buying must match the description

Question 4

Remedies for sale of goods

Answer 4

• S20 - Right to reject
  Short term right to reject and must be within 30 days of the delivery of the goods
  If done, you have a right to a full refund
• S23 - Repair or replacement
  Consumer can order for their goods to be repaired or replaced, and any cost will be covered of the consumers behalf
• S24 - Price reduction
  Goods may be faulty, so you get a percentage off the cost

Question 5

Implied terms (supply of service)

Answer 5

S49 - Carried out within a reasonable time

S52 - It will be with reasonable care and skill (standard expected is the same as that of negligence)

Question 6

Thake v Maurice (supply of service terms)

Answer 6

A doctor carried out a vasectomy that went wrong but the court said it was still carried out with reasonable care and skill

Question 7

remedies (supply of service)

Answer 7

S55 - Right to repeat performance
- provided within a reasonable time and without significant inconvenience to consumer and must bear any costs

S56 - Price reduction
- available only if repeating it is impossible or consumer asked for repeat performance but trader breaks the requirements

Question 8

Griffiths v Peter Conway Ltd

Answer 8

if the purcheser has a specific need and they did not make the seller aware prior to the contract then they ahve not breached the implied term as to fitness for purpose

Question 9

what are the implied terms in the act for the supply of goods

Answer 9

S9 - the right to satisfactory quality
S10 - the right of fitness for partivular purpose
S11 - the right relating to description

Question 10

S9 - the right to satisfactory quality

Answer 10

satisfactory quality defined as being where the goods meet the standard that the reasonable person would consider satisfactory (objective test) taking account of:
- any description of the goods
- price or the consideration for the goods
- all other relevant circumstances

Question 11

S10 - the right of fitness for particular purpose

Answer 11

before contract is mjade, consumer makes the trader aware of the particular purpose for which they are contracting for the goods either expressly or implied
- must be fit for purpose such good are normally used