CRA 2015

Question 1

Define CRA 2015

Answer 1

The consumer rights act is a piece of legislation that allows for terms to be implied into a contract. It covers all contracts between traders and consumers, for goods, services, and mixed contracts (Both).

Question 2

Section 9- rule/test

Answer 2

• That goods will be of a satisfactory quality.
• Section 9(2)- objective test- judged by what the reasonable person would consider satisfactory.

Question 3

When will section 9 not apply?

Answer 3

• Section 9 will not apply if:
• The fault is drawn to the consumers attention before the contract was made
• The consumer examines the goods and this should have revealed the fault.
• Goods supplied by sample- any reasonable inspection of this would have revealed the fault.

Question 4

Section 10

Answer 4

The good must be fit for purpose.
- If the consumer makes known a particular purpose known for the good, then there is an implied term that the good will be fit for purpose. This applies even if a purpose for which these goods are not normally supplied.
- The consumer must have relied on the skill and judgement of the trader and it must be reasonable for them to do this (Baldry vs Marshall)

Question 5

Section 11

Answer 5

• The goods must match their description.
• The goods supplied by description must match that description. When goods are on display, the items must match that description.
• This section also applies to how the goods are packaged ( Moore&Co Ltd)

Question 6

Section 20

Answer 6

• Short term right to reject the goods. The customer can reject the goods and claim a full refund within 30 days of delivery( Shorter if the goods are perishable). The trader must bear any reasonable costs of returning the goods. A refund must be given within 14 days.

Question 7

Section 23

Answer 7

The right to repair or replacement- The trader must repair or replace the within a reasonable time and without significant inconvenience to the consumer and bear all costs of doing so. The fault complained of must have been present at the time of delivery.

Question 8

Section 24

Answer 8

The right to a price reduction or a final right to reject. This is allowed if after repair or replacement the goods do not conform to the contract.

Question 9

Exclusion clause

Answer 9

Always start by considering whether the clause has been incorporated into the contract. If it has not been incorporated then it will not be a part of the contract.

Question 10

Section 31

Answer 10

Prohibits a term excluding or limiting liability with respect to sale of goods for sections 9,10, or 11.

Question 11

Section 49

Answer 11

The trader must perform the service with reasonable care and skill. This is the skill of a ordinary competent person supplying that particular service.
- Case= ( Thake vs Maurice)- Versectomy= held it was reasonable care

Question 12

Section 52

Answer 12

Performance within a reasonable period of time. This applies when a service is not yet completed, or is taking longer than expected.

Question 13

Section 55

Answer 13

Remedy- the right to require repeat performance. The trader must provide this within a reasonable time, and without significant inconvenience to the consumer, and must bear any costs.

Question 14

Section 56

Answer 14

The right to a price reduction, by an appropriate amount for the traders failure to perform the contract.

Question 15

section 57

Answer 15

Prohibits a term excluding or limiting liability for the supply of services under the following sections: 49,52

Question 16

the ways an exclusion clause can be incorporated

Answer 16

By signature, by reasonable notice, or by previous course of dealing.

Question 17

Exclusion clause 1 - signature

Answer 17

If a person signs a contract, they are bound by the terms whether they read them or not. One exception is when a verbally agreed contract is different to a written one.
- Curtis vs Chemical cleaning

Question 18

Exclusion clause 2- By reasonable notice

Answer 18

This clause can only be valid if reasonable notice of its terms is given before the party enters the contract
- Olley vs Marlborough Court hotel

Question 19

Exclusion clause 3- By a previous course of dealing

Answer 19

If they regularly deal with each other and make the same type of contract. The courts will presume you will be aware of the terms in any future contract. As long as these dealings are consistent and it must be the same type of contract.
- Hollier vs Rambler motors.

Question 20

what is an exclusion clause

Answer 20

A clause put into a contract to try and exclude or limit liability under a contract

Question 21

How can an exclusion clause be valid

Answer 21

• wording- must be clear and free from ambiguity
• Contra preforentom rule- read against party who put it in