Remedies for Breach of Terms Implied Into Contracts to Supply Goods Flashcards
What sections of the CRA consider remedies?
Section 20 (short-term right to reject)
Section 23 (Repair or replace)
Section 24 (Price reduction/final right to reject)
What is stated under Section 20 CRA 2015?
The short-term right to reject goods and a refund must be given through the same method of payment (unless consumer expressly agrees otherwise) within 14 days
What is stated in Section 20(8) CRA 2015?
“The trader must bear any reasonable cost of returning them”
(e.g. free returns and not charging for a refund)
What does S.22 CRA 2015 provide?
The short-term right to reject must be exercised within 30 days
What is stated in Section 23(2) CRA 2015?
“The trader must repair or replace goods (a) within a reasonable time without any inconvenience and (b) must bear any necessary costs”
How does S.23(3) limit S.23(2)?
The trader is not required to repair or replace if it is (a) impossible or (b) disproportionate to other remedies
What are the requirements for a replacement under S.23?
It must be identical
What is defined in S.23(4) CRA 2015?
Disproportionate is “if it imposes costs on the trader that are unreasonable taking into account (a) value (b) significance of lack of conformity (c) any other remedy possible without inconvenience to the consumer”
What is Section 24 CRA 2015?
Final right to reject/price reduction. A total refund would depend on a deduction for use
What is outlined in S.19(14) and 19(15) CRA 2015?
If the breach of statutory rights arises within 6 months of delivery it is presumed to have been present at the time of delivery so the burden of proof would be on the trader to disprove. Whereas if it arises after the first 6 months, burden of proof is on the consumer
