CRA 2015

Question 1

Section 9

Rogers v Parish [1987] concerns breach of the requirement of merchantable quality

Answer 1

Merchantable quality is determined by considering reasonable consumer expectations based on the nature and price of the product, not just basic functionality

Question 2

Section 49 - Thake v Maurice

Answer 2

Services must be performed with reasonable skill and care

Question 3

Section 10- Baldry v Marshall [1925]

Answer 3

Goods must be fit for purpose as specified.

Question 4

Section 11 - Re Moore & Landauer [1921]

Answer 4

The purchaser was entitled to reject the goods as they were not as described

Question 5

What is CRA

Answer 5

The consumer rights act 2015 (CRA 2015) offers robust protections to consumers, ensuring goods meet certain statutory standards as well as reducing the imbalance in power between businesses and the consumer.

Question 6

Section 9 of CRA 2015

Answer 6

Under section 9, goods supplied must be of satisfactory quality. This standard is assessed by considering what a reasonable person would expect, taking into account the description, price and any other relevant factors. - Rogers v Parish

Question 7

Section 9.3(B)-(E)

Answer 7

The quality of goods includes their state and condition and the following aspects -
B - Appearance and finish
C - Freedom from minor defects
D - Safety
E - Durability

Question 8

Section 10

Answer 8

Goods supplied must also be fit for the purpose they are supplied for as well as any specific purpose made known to the trader. - Baldry v Marshall

Question 9

Section 11

Answer 9

Under section 11 goods must match their description as provided by the trader at the time of the sale - Moore & Landauer

Question 10

Sections 20 and 22

Answer 10

Sections 20 and 22 are concerned with a short-term right to reject. If the issue is reported within 30 days of delivery, the consumer is entitled to the short term right to reject under sections 20 and 22. These remedies allow them to reject the product outright and claim a full refund. The retailer would then be obligated to process the refund within 14 days of agreeing to the rejection, with no option to insist on repair or replacement first.

Question 11

Section 23

Answer 11

If the 30-day period has passed the consumer can request repair or replacement under section 23. The retailer must comply with this request unless providing the replacement or repair is impossible or disproportionately costly

Question 12

Section 24

Answer 12

If repair or replacement is unsuccessful or not feasible section 24 contains the consumers final 2 remedies. They can either reject the goods and claim a full refund or retain the goods and demand a price reduction, reflecting the diminished value of the good.

Question 13

Section 31

Answer 13

The retailer may attempt an exclusion of liability and may attempt to rely on a disclaimer made on their … which stated that … . However section 31 prohibits any attempt to exclude or restrict statutory rights under sections 9 (satisfactory quality), 10 (fit for purpose) and 11 (as described).

Question 14

Section 49

Answer 14

Services must be performed with reasonable care and skill. Every contract to supply a service is to be treated as including a term that the trader must perform a service with reasonable skill and care - Thake v Maurice

Question 15

Section 52

Answer 15

Service to be performed within a reasonable time. This section applies to a contract to supply a service if…
(a) - contract doesn’t expressly fix time for it to be performed doesn’t say how it is to be fixed
(b) - info that is to be treated under s50 as included in the contract does not fix time either.

Question 16

Section 52 (2)

Answer 16

(2) In that case the contract is to be treated as including a term that the trader must perform the service within a reasonable time

Question 17

Section 55

Answer 17

Right to repeat performance where the right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

Question 18

Section 55 (2)

Answer 18

If the consumer requires such repeat performance the trader must:
55(2)(a) - provide it within a reasonable time and without significant inconvenience to the consumer
55(2)(b) - bear any necessary costs incurred in doing so

Question 19

Section 56

Answer 19

Right to price reduction which is the right to require the trader to reduce the price to the consumer by an appropriate amount. The amount of the reduction may, where appropriate, be the full amount of the price

Question 20

Section 56 (3)

Answer 20

A consumer who has that right and the right to require repeat performance is only entitled to a price reduction if -
S.56(3)(a) - because of section 55(3) the consumer cant require repeat performance
S.56(3)(b) - consumer has required repeat performance but the trader is in breach of requirement of section 55(2)(a) to do it within a reasonable time and without significant inconvenience.

Question 21

Section 62

Answer 21

Unfair contract terms - an unfair term under the act are not binding on the consumer. If a consumer thinks a term is unfair they can complain to the trader. These key terms of a contract may be assessed for fairness unless they are prominent and transparent.