consumer rights: services

Question 1

intro: define consumer rights act 2015

Answer 1

applies to all goods, services and mixed contracts and contracts between consumers and traders

Question 2

s.49 reasonable care and skill

Answer 2

skill of an ordinary competent person- standard is higher for those with special skill and experience THAKE v MAURICE

Question 3

s.52 performance within a reasonable time

Answer 3

where the contract does not specify a time, a reasonable time is a question of fact which will depend upon circumstance

Question 4

exclusion clause

Answer 4

clause put in to limit or exclude liability

Question 5

s.57

Answer 5

trader cannot exclude or limit liability in regards to s.49 or s.52

Question 6

s.55 right to require repeat performance

Answer 6

this must be done within a reasonable time and without significant inconvenience to consumer, trader must bare all costs

Question 7

s.56 right to a price reduction by a reasonable amount

Answer 7

could be a refund up to full contract price, within 14 days

Question 8

what if claimant wants to end contract

Answer 8

must argue that a condition has been breached