consumer rights act 2015 remedies for breach of goods

Question 1

S.20 CRA 2015

Answer 1

– short term right to reject

w/in 30 days of delivery
Communicated to trader
Trader bears reasonable costs of return.
Refund w/in 14 days

Question 2

s.23 CRA 2015

Answer 2

-right to repair or replacement

Replacement may not be possible (unique or out of production)
Fault must be present at time of delivery (assumed if it arises w/in 6 months)
Repair or replacement must be done without significant inconvenience to the customer and w/in a reasonable time.
Doesn’t have to be done if it causes trader to incur disproportionate or unreasonable costs

Question 3

s.24

Answer 3

-right to a price reduction or a final right to reject

If s.23 does not bring satisfaction, the consumer has the right to a price reduction or a final right to reject and gain a refund. Trader can only have one attempt at repair or replacement for the consumer to have this right.

Question 4

s.20(6)

Answer 4

the indication may be something the consumer says or does, but it must be clear enough to be understood by the trader

Question 5

s.20(7)(a)

Answer 5

from the time when the right is exercised- the trader has a duty to give the consumer a refund, subject to subsection (18)

Question 6

s.20(7)(b)

Answer 6

from the time when the right is exercised- the consumer has a duty to make the goods available for collection the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed

Question 7

s.20(10)

Answer 7

to the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money

Question 8

s.20(15)

Answer 8

a refund under this section must be given without undue delay, and in any event within 14 days beginning with the ay on which the trader agrees that the consumer is entitled to give a refund

Question 9

s.23(2)(a)

Answer 9

if the consumer requires the trader to repair or replace the goods, the trader must- do so within a reasonable time and without significant inconvenience to the consumer

Question 10

s.23(2)(a)+(b)

Answer 10

the consumer cannot require the trader to repair or replace the goods if that remedy
a) is impossible or
b) is disproportionate compared to the other of those remedies

Question 11

s.23(4)

Answer 11

either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compered to those imposed by the other, are unreasonable