Consumer Rights Act 2015 Flashcards
Introduce the Consumer Rights Act.
- Between consumer + trader.
- CRA: defines consumer ‘individual acting for purposes that are wholly / mainly outside that individuals trade, business, craft or profession.’
- Defines trade ‘person acting for purposes relating to that person’s trade, business craft or profession.’
Explain S.9: Right To Satisfactory Quality, in relation to terms implied into a contract to supply goods.
- S.9 CRA: ‘every contract to supply goods is to be treated as including a term that the quality of goods is satisfactory’.
- Defined as being where goods meet standard a reasonable person would consider satisfactory- takes account of description, price, e.t.c.
- Won’t apply with respect to defects drawn to consumers attention, where consumer examines good before contracts made, + where goods have been sold after inspection.
- Rogers v Parish: whether goods are satisfactory quality is objective test - based on views of ‘reasonable person’.
Explain S.10: Right Of Fitness For Particular Purpose, in relation to terms implied into a contract to supply goods.
- Where consumer makes known to trader any particular purpose for which consumer is contracting for goods.
- Baldry v Marshall: implied term goods are reasonably fit for purpose stated by consumer.
- Australian Knitting Mills: no need to state purpose where goods are being bought for normal use.
- Peter Conway: where purchaser has particular sensitivity that isn’t known to seller, as long as goods are fit for normal purpose to most people - no breach.
Explain S.11: Right Relating To Description, in relation to terms implied into a contract to supply goods.
- S.11 CRA: ‘every contract to supply goods by description is to be treated as including a term that goods will match the description.’
- Description can be implied (e.g. when goods are on display).
- Re Moore: where supply of goods is by reference to model, goods supplied must match model - includes way in which goods are packaged.
Introduce the remedies for a breach of a term implied to supply goods.
Rights are cumulative + in addition to usual contract remedies such as damages.
Explain S.20: Short-Term Right To Reject (30 Days), in relation to remedies for a breach of a term implied to supply goods.
- Exercised within 30 days of delivery of goods - period shorter where goods are perishable.
- Consumer is entitled to full refund - trader must bear any reasonable costs of retuning goods.
- Refund must be given in 14 days + in same means of payment as consumer used- unless consumer expressly agrees otherwise.
Explain S.23: right To Repair / Replacement (Up To + After 30 Days), in relation to remedies for a breach of a term implied to supply goods.
- If S.20 not exercised, have right to repair / replace tin.
- Major factor determining whether repair / replacement is disproportionate is if it would impose unreasonable costs on trader compared with alternative remedy.
- Trader must repair / replace goods within reasonable time + without significant inconvenience to consumer + bear any costs incurred in doing so.
Explain S.24: Right To Price Reduction / Final Right To Reject, in relation to remedies for a breach of a term implied to supply goods.
- If S.23 doesn’t bring satisfaction - has right to price reduction / final right to reject + claim refund.
- Trader only has 1 attempt at repair / replacement.
- Any refund is subject to deduction for use - limited to 6 months for motor vehicles.
Explain S.49: Reasonable Care + Skill, in relation to terms implied into a contract to supply services.
- Contract to supply service is to be treated as including term that trader must perform service with reasonable care + skill.
- Thake v Maurice: standard of care is equivalent to standard of care expected in claim in tort of negligence - what would reasonable person expect? - decided on case-by-case basis.
Explain S.52: Performance Within Reasonable Time, in relation to terms implied into a contract to supply services.
- Service has to be performed within reasonable time where contract doesn’t expressly fix time for service to be performed.
- Reasonable time depends on circumstances of case.
Explain S.55: Right To Require Repeat Performance, in relation to remedies for a breach of a term implied to supply services.
- Requires trader to perform service again.
- Trader must provide it within reasonable time + without significant inconvenience to consumer + must bear any costs.
- If trader isn’t qualified - repeat performance not applicable.
Explain S.56: Right To Price Reduction, in relation to remedies for a breach of a term implied to supply services.
- Reduce price by appropriate amount for trader’s failure to perform contract - can be up to full contract price.
Only Available In 2 Situations:
1) Where completion by repeat performance is impossible.
2) If consumer asked for repeat performance but trader is in breach of requirement to do it within reasonable time + without significant inconvenience.
