CRA 2015 Flashcards
INTRO
Consolidated SGA AND SSGA and add new things not dealt with - digital content
Applies after 1 Oct 2015
S2
Defines consumer and trader
Aim to have someone to claim in most circumstances
Part 1
Sets out law re physical goods, digital content, supply of services
S9-17
Physical goods
Sets out requirements trader must meet
Mirrors SGA and case law likely to apply
Goods remedies
S22 short term right to reject
23 repair / replacement within reasonable time
Rejection of goods
34-36
Digital goods
Similar principles to goods - desired
Remedies same bar 30 day right to reject
Services
S49 reasonable care
51 price
Remedies repeat performance refund
Conclusion
Clear act consolidates
Mirrors SGA SSGA
argued not have big impact on bus to consumer sales
Argued some rights extended: digital
New concept of short term right to reject