contract terms: specific terms implied by statute law in relation to consumer contracts Flashcards
introduction to consumer rights act
the CONSUMER RIGHTS ACT 2015 brings together rights and remedies available to consumers when making a contract with a trader for the supply of goods or services.
to whom does the consumer rights act 2015 apply?
- a consumer is an individual who is acting mainly for personal reasons
- a trader is a person acting for purposes relating to that persons trade or business
CTSG - term under s.9
under s.9 a term that the quality of goods is satisfactory. this means that the goods must meet the standards that a reasonable person would consider satisfactory, taking account of
- any description
- the price
- all other relevant circumstances
CTSG -a product is unlikely to be of satisfactory quality if it:
- does not work
- is not fit for all the purposes for which goods of that kind are usually supplied
- is damaged
- has minor defects
- is unsafe
- lacks durability
CTSG -the implied term as to satisfactory quality does not apply:
- to any defect specifically brought to the consumers attention by the trader before the contract is made
- where the consumer inspects the goods before the contract is made, to any defect that should have been revealed by that inspection
- where goods are sold by sample, to any defect which should have been revealed by a reasonable examination of the sample
CTSG -section 10 of the CRA 2015
under s.10 of the CONSUMER RIGHTS ACT 2015 if, before the contract is made, the consumer makes it clear to the trader (expressly or by implication) that there is a particular purpose for which the goods are to be used, there is an implied term that the goods are reasonably fit for the consumers purpose.
CTSG -when does section 10 not apply
the implied term as to fitness for purpose does not apply if the consumer does not rely, or it would be unreasonable to rely, on the skill and judgement of the trader in suppling the products
CTSG - section 11
under s.11 a term that the goods will match the description
CTSG - sample
where goods are bought after the consumer has seen a sample, then all the goods supplied must match the description of the sample. if the contract describes the packaging of the goods, then this too must precisely match the description.
CTSG - 6- month rule
if a fault is discovered after the first 6 months, the burden is on the consumer to prove that the goods were faulty at the time of delivery. this is the 6 month rule
CTSG - what are the consumers remedies under the CRA 2015
- a short term right to reject the goods within 30 days of delivery to the consumer and obtain a full refund of the price paid (s.20) which if not used leads to
- the right to repair or replacement (s.23) and if this is unsatisfactory then
- the right to a price reduction or final right to reject and claim a refund (s.24)
s.20 +
the trader must not impose any fee for making the refund
s.23 +
-the trader must carry out any repairs or replace the goods within a reasonable time and without significant inconvenience to the consumer
- the consumer cannot require the trader to repair or replace the goods if it would be impossible or disproportionate compared to other remedies
CTSS - section 49
under s.49 a term that the trader must perform the service for the consumer with reasonable care and skill
CTSS - section 52
under s.52 a term that the trader must perform the service for the consumer within a reasonable time, where the contract does not fix a deadline.
what are the remedies for breach of term implied into a contract to supply services?
if the service does not conform to the contract, the consumers remedies under the CRA 2015 are:
- the right to repeat performance (s.55)
- the right to a price reduction by an appropriate amount (s.56)
Section 55
The right to repeat performance requires the trader to perform the service again, so this time it complies with the contract
- if the consumer asks for this, the trader must provide it within a reasonable time and without significant inconvenience to the consumer
- the consumer does not have this right if it is impossible for repeat performance to make the service conform with the contract
When is the remedy of s.56 available
- where fulfilling the contractual obligations by repeat performance is impossible or
- if the consumer has asked for repeat performance but the trader did not do so within a reasonable time or caused significant inconvenience to the consumer
S.31 exemption clause
Under s.31 of the CONSUMER RIGHTS ACT 2015 in a contract to supply goods, a trader cannot exclude or limit liability for goods not being
- of satisfactory quality
- reasonably fit for the consumers purpose
- as described
S.57 exemption clause
Under s.57 of the 2015 act in a contract to supply services, a trader cannot exclude or limit liability for services not being performed
- with reasonable care and skill
- within a reasonable time
