CONTRACT LAW L4 - Terms - CONSUMER RIGHTS ACT 2015 Flashcards
How many parts does the consumer rights act 2015 comprise of? (1)
Three.
What does part 1 of the CRA 2015 deal with? (1)
Consumer contracts for goods, digital content and services.
What does part 2 of the CRA 2015 regulate? (1)
Unfair terms in consumer contracts.
What does part 3 of the CRA 2015 deal with? (1)
It is of a miscellaneous and general nature.
What is a ‘consumer’? (1)
An individual acting for purposes that are wholly or mainly outside their individual’s trade, business, craft or possession.
What is a trader? (1)
A person acting for purposes relating to that person’s trade, business, craft or possession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
What are contracts between a consumer and business entered into prior 01/10/2015 governed by? (3)
SGA 1979, SGCA 1983, CRA 2015.
What are the rights implied in a consumer sale of goods? (3)
- Goods should be satisfactory quality s9
- Goods should be reasonably fit for any purpose which the consumer makes known to the trader that the consumer intends to use the goods for s10.
- Where goods are sold by description the goods should match that description s11.
What are the implied terms where a consumer contracts for digital content? (3)
S34 - should be of satisfactory quality
S35 - should be reasonably fit for purposes
S36 - should match any description of it given by the trader to the consumer
What are the statutory rights of a consumer under a services contract? (3)
S49 - the service is performed with reasonable care and skill
S51 - reasonable price is to be paid
S52 - service provided in a reasonable time
What are the three remedial options when contracts for goods are non-conforming? (3)
The short term right to reject.
The right to repair or replacement
The right to a price reduction or the final right to reject.
How long is the short term right to reject broadly available to the consumer? (2)
30 days running from the time ownership has passed or the goods have been delivered and in cases where the trader is required to install the goods.
When is the right to repair or replacement not available? (1)
If it is impossible or disproportionate.
Is a consumer entitled to both a price reduction and a final rejection. (1)
No
What is the general rule set out in S24 (10) in regards to the final right to reject? (2)
When exercised in 7 months there should be a full refund with no deductions but this does not apply to motor vehicles or any other goods that may be specified by statutory order.
