Remedies under the Consumer Rights Act 2015

Question 1

Use of Consumer Rights Act 2015

Answer 1

where goods sold to a consumer fail to meet any requirement in:

• s 9 (satisfactory quality)
• s 10 (reasonably fit for their particular purpose)
• s 11 (correspondence with description) then the goods are regarded as non-conforming.

Question 2

s9 CRA 2015

Answer 2

satisfactory quality

Question 3

s10 CRA 2015

Answer 3

reasonably fit for their particular purpose

Question 4

s11 CRA 2015

Answer 4

correspondence with description

Question 5

What are the three remedial options available to the consumer where the goods are non-conforming?

Answer 5

(1) short term right to reject

(2) repair or replacement

(3) price reduction/ final right to reject.

Question 6

When is the short term right to reject available?

Answer 6

available to the consumer for 30 days running from the time

(i) that ownership has passed (or, in the case of contracts for hire or the like, possession has been transferred) and

(ii) the goods have been delivered and

(iii) in cases where trader is req to install the goods/ take other action to enable consumer to use the goods = trader has notified consumer that req steps have been taken

Question 7

When is the right to repair or replacement available?

Answer 7

available UNLESS repair or replacement is either impossible or disproportionate (in the sense that it imposes an unreasonable cost on the trader relative to the other remedies and the interests of the consumer)

Question 8

Can the consumer have both a price reduction and final rejection?

Answer 8

No, consumer is not entitled to both.

Question 9

When is the remedy to a right to a price reduction or the final right to reject available? 1/3

Answer 9

where…

(a) after 1 repair or 1 replacement, the goods do not conform to the contract; or

Question 10

When is the remedy to a right to a price reduction or the final right to reject available? 2/3

Answer 10

(b) the consumer can require neither repair nor replacement of the goods (because it is impossible or disproportionate); or

Question 11

When is the remedy to a right to a price reduction or the final right to reject available? 3/3

Answer 11

(c) the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement to do so within a reasonable time and without significant inconvenience to the consumer (s 24).

Question 12

What happens if a consumer has exercised their right to reject within 6 months from the time ownership has passed?

Answer 12

Entitled to a full refund with no deduction for use

NOTE - this doesn’t apply to motor vehicles or any other goods that may be specified by statutory order.

Question 13

DIGITAL MEDIA CONTRACTS:
What are the two remedial options available to the consumer?

Answer 13

(a) The right to repair or replacement

(b) The right to price reduction

Question 14

What is the time limit re digital media contracts?

Answer 14

Digital content that doesn’t conform to the contract at any time within the period of 6mo beginning w day it was supplied = taken to not have conformed to the contract when it was supplied

Question 15

How must a trader act in replacing/ repairing the goods for digital media?

Answer 15

‘within a reasonable time and without significant inconvenience to the consumer’;

Question 16

What is a reasonable time or significant inconvenience? (digital media)

Answer 16

Nature of digital content + its purpose for being obtained = material to judging ‘what is a reasonable time or significant inconvenience’.

Question 17

When can the right to a price reduction be exercised?

Answer 17

only where consumer either cannot: require repair or replacement (because this is impossible or it would be disproportionate) or

where trader has failed to repair or replace the digital content within a reasonable time and without significant inconvenience to the consumer.

Question 18

When can the consumer be entitled to a refund?

Answer 18

Where the trader had no right to supply the digital content that it supplied

Question 19

How many days must a refund be given?

Answer 19

within 14 days + by same payment method consumer used to pay for it.

Question 20

What is the remedy to any damage which is non-complaint and causes damage to the device or other digital content?

Answer 20

damage of that kind wouldn’t have occurred if trader had exercised reasonable care + skill = then consumer entitled to repair or to a compensatory payment.

Question 21

What are the 2 remedial options where services are non-conforming?

Answer 21

1) Right to require repeat performance

2) Right to a price reduction

Question 22

What is the right to require a repeat performance?
(non-conforming)

Answer 22

= supplier to repeat performance within a reasonable time + without significant inconvenience to the consumer.

NOTE: Consumer cannot req repeat performance if completion in conformity w the contract is impossible.

Question 23

When is the right to a price reduction available? (non-conforming services)

Answer 23

available only where repeat performance is impossible
OR
where trader has failed to provide repeat performance within a reasonable time + without significant inconvenience to the consumer.