CRA 2015

Question 1

Aim of act

Answer 1

Consolidate and clarify the law relating to the rights of consumers and protection of their interests.

Question 2

s9

Answer 2

The right of satisfactory quality.
The goods meet the standard that a reasonable person would consider satisfactory.
Take into account:
- any description
- the price or other consideration
- other relevant circumstances
Includes:
- fit for usual purpose
- appearance
- safety

Question 3

s10

Answer 3

Fit for purpose.
Before the contract is made, consumer makes known to the trader any particular purpose for which they are contracting for the goods.

(Griffith v Peter)
Goods need to be fit for normal purpose to most people.

Question 4

s10

Answer 4

Fit for purpose.
Before the contract is made, consumer makes known to the trader any particular purpose for which they are contracting for the goods.

(Griffith v Peter)
Goods need to be fit for normal purpose to most people.

Question 5

s11

Answer 5

Right relating to description.
“Every contract to supply goods by description is to be treated as including a term that the goods will match the description”.
(McGowen v Radio Buxton)

Question 6

s20 (remedy)

Answer 6

Short term right to reject.
- must be exercised within 30 days of delivery
- period will be shorter where goods are perishable
- make rejection clear to trader
- entitled to full refund - within 14 days when trader agrees refund is entitled
- given using same means

Question 7

s23 (remedy)

Answer 7

Repair or replacement.
- if s20 is not exercised - right to repair
- not possible for unique items
- can’t force a trader to repair or replace
- only have one chance
Cant exercise if:
- impossible
- disproportionate to trader

Question 8

s49 (service)

Answer 8

Reasonable care and skill.
(Thake v Maurice)
Trader must perform service with reasonable care or skill.

Question 9

s52 (service)

Answer 9

Performance within a reasonable time.
Implied expectation that the contract will be performed in a reasonable time if this is not expressly stated in the contract.

Question 10

s55 (service remedy)

Answer 10

The right to require repeat performance.

Question 11

s56 (service remedy)

Answer 11

Price reduction.
- where repeat performance is impossible
- trader is in breach of doing repeat performance within a reasonable time

Question 12

s24 (remedy)

Answer 12

Price reduction OR final right to reject.
If after one repair or one replacement, the goods do not conform to the contract.

Question 13

s31 (exclusion)

Answer 13

s9, 10 and 11 are non-excludable statutory rights which consumers should be able to enforce without restriction to attain the appropriate remedy.

Question 14

s57 (exclusion)

Answer 14

Trader can’t exclude liability for breaches under s49 and 52.

Question 15

s65 (exclusion)

Answer 15

Prohibits exclusion of liability for death or personal injury resulting from negligence.