CRA 2015 product

Question 1

Section 9 of CRA 2015

Answer 1

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 2

What is CRA

Answer 2

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 3

Section 9.3(B)-(E)

Answer 3

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 4

Section 10

Answer 4

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 5

Section 11

Answer 5

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

Question 6

Sections 20 and 22

Answer 6

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 7

Section 23

Answer 7

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 8

Section 24

Answer 8

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 9

Section 31

Answer 9

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 10

Section 9

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

Answer 10

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

Question 11

Section 10- Baldry v Marshall [1925]

Answer 11

Goods must be fit for purpose as specified.

Question 12

Section 11 - Re Moore & Landauer [1921]

Answer 12

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