Consumer Rights - Paper 3

Question 1

Which Act of Parliament covers the rights of consumers for contracts regarding goods and services

Answer 1

Consumer Rights Act 2015

Question 2

What is a contract for goods?

Answer 2

A contract for items bought or hired, such as a car, wardrobe

Question 3

What is a contract for services?

Answer 3

A contract for work done, such as getting your hair done, car service

Question 4

What is a mixed contract?

Answer 4

A contract for both goods and services

Question 5

Which rights are implied in contracts for goods?

Answer 5

1) Section 9 (satisfactory quality)
2) Section 10 (fitness for purpose)
3) Section 11 (as described)

Question 6

What is the test for deciding whether or not goods are of satisfactory quality?

Answer 6

This is an objective test and would be judged to the standard of what a reasonable person would deem as satisfactory

Question 7

What are the three circumstances in which s.9 will not apply?

Answer 7

1) If the fault is drawn to the consumer’s attention before the contract is made
2) If the consumer examines the goods and this should have revealed the fault
3) If the goods were supplied by sample and a reasonable inspection of the sample would have revealed the fault

Question 8

What does section 10 CRA state?

Answer 8

The goods must be fit for purpose

Question 9

What was the decision in Baldry v Marshall?

Answer 9

The consumer must have relied on the skill and judgement of the trader and it must have been reasonable for them to do this

Question 10

Which section states the goods must match their description?

Answer 10

11

Question 11

Which case held that description can also include the way goods are packaged?

Answer 11

Moore & Co Ltd

Question 12

Which remedy is outlined in section 20?

Answer 12

Short term right to reject the goods

Question 13

When must a customer reject the goods and claim a full refund to get the short term right to reject the goods?

Answer 13

Within 30 days

Question 14

Which section of the CRA implies a right to repair/replace?

Answer 14

23

Question 15

What does section 23 (right to repair/replace) state?

Answer 15

Trader must repair or replace within a reasonable time and without significant inconvenience to the consumer and bear all the costs in doing so

Question 16

Which remedy is implied under section 24?

Answer 16

The right to a price reduction and a final right to reject

Question 17

What does section 31 CRA imply?

Answer 17

Trader cannot use a term which excludes or limits liability with respect to the sale of goods

Question 18

What does section 49 imply?

Answer 18

Trader must perform a service with reasonable care and skill

Question 19

Which case illustrates section 49?

Answer 19

Thake v Maurice

Question 20

Which section implies that performance must be within a reasonable time?

Answer 20

52

Question 21

Which remedies are available to consumers for a breach of sections 49 or 52?

Answer 21

1) Section 55 (right to repeat performance)
2) Section 56 (right to a price reduction)

Question 22

Which section of the CRA prohibits a term excluding or limiting liability for the supply of services?

Answer 22

57