consumer rights: goods Flashcards
intro consumer rights act 2015
applies to all contracts between consumers and traders it will cover all contracts for goods services and mixed contracts
s.9 goods must be of satisfactory quality
what a reasonable person would consider satisfactory s9(2) given price, description, state and condition fitness for purpose freedom from minor defects s9(3)
s.10 goods must be fit for purpose
if buyer makes known a particular purpose, purpose is obvious or salesperson has recommended the goods. Must be reasonable for consumer to rely on skill and judgement of salesperson BALDRY v MARSHALL
s.11 goods must match description
can be an implied description- applies to how goods are packaged MOORE and CO LTD
what is an exclusion clause
a clause put into the contract to try an exclude or limit liability, must be clearly written, free from any ambiguity
exclusion clause by signature
CURTIS v CHEMICAL CLEANING- if a person signs a contract they are bound by the terms whether they have read them or not
exclusion clause by notice
OLLEY v MARLBOROUGH COURT HOTEL- clause can be valid if reasonable notice of its terms are given before the party enters into the contract , red hand rule
exclusion clause by previous course of dealing
HOLLIER v RAMBLER MOTORS- if parties have contracted before with the same type of contract courts presume you are aware of any terms
s.31
trader cannot exclude or limit liability with regards to s.9 s.10 s.11
s.20 short term right to reject
reject the goods and claim a full refund within 30 days of delivery, trader must bare any costs of return
s.23 the right to repair or replace
trader must repair or replace within a reasonable time, without inconvenience and bear all costs
s.24 right to a price reduction and final right to reject
after repair or replacement goods still don’t conform to contract
