Remedies for Supply of Goods

Question 1

Exam Tips (IMPORTANT!)

Answer 1

• look out for something breaking much earlier than it should have, this will mean that it is not of a satisfactory quality.
• where they include reference to the price of an item, this could be suggesting to you the level of quality you would expect of the item, so pay attention to that.
• if something doesn’t do what it was sold to do, this suggests that it is not fit for purpose.
• if someone has asked about the suitability of an item and they have been reassured that it is suitable for that purpose, this too raises the issue of fitness for purpose.
• remember, all three rights under the CRA for the supply of goods do overlap slightly, so all may be relevant in a scenario.

Question 2

Explain S.20 under Supply of Goods:

Answer 2

Short Term Right to Reject - A short term right to reject and claim a full refund within 30 days (refund must be provided within 14 days using the same method of payment used to purchase). Time is shorter if goods are perishable, trader must bear any reasonable costs of returning goods.

Question 3

Explain s.23 the right to repair or replacement:

Answer 3

If the s.20 right is not exercised by the consumer, he or she will ​
have the right to repair or replacement. Any replacement should be identical if possible. Any repair or replacement is disproportionate if it imposes an unreasonable cost on the trader when compared with an alternative remedy. Repair / Replacement should be done in a reasonable amount of time with little inconvenience to the consumer, cover costs such as postage. FAULT MUST’VE BEEN PRESENT AT TIME OF THE ORIGINAL DELIVERY OF GOODS. If replacement/repair of goods cannot be done , it is impossible, then remedy cannot be used.

Question 4

Explain S.24 Reduction of price or final rejection

Answer 4

If neither s.20 nor s.23 bring satisfaction, the consumer has a right to a price reduction or a final right to reject the goods and claim a refund under s24.
The trader only has one attempt at s.20 before the consumer can use this. Any refund can be reduced if goods are used, such a rejection or reduction would only apply to vehicles under 6 months of use.