The Consumer Rights ACT 2015 Flashcards
S.1 CRA 2015; Rights are in the form of:
- Terms imp;plied into the contract to ensure certain minimum standrads.
- Consumer Remedies
- Controls on exclusion clauses to ensure that a trader does not sidestep obligations.
S.9(1)
Implies a term in every contract for the supply of goods that the goods wiki be of SATISFACTORY QUALITY.
Meaning of satisfactory quality.
S.9(2) - the goods are what a reasonable person would consider satisfactorily given the price, description etc.
S.9(3) - Status and condition
- Fitness for all common purposes
- Appearance and finish
- Freedom from minor defects
- Saftey on the goods
- Durability
ONLY APPLY RELEVANT ONES.
Defences for trader
S.9(4) SQ does not apply if:
A. The fault is drawn to the consumers attention before the contract is made.
B. The consumer makes an examination before the contract and the examination should have revealed the fault.
C. The goods are supplied by sample and the fault would have been revealed by any reasonable examination of the sample.
If not relevant don’t do them, just a knowledge the defence.
s.10(3) CRA Fitness for purpose
If consumer makes known to the trader a particular purpose for those goods, the goods must fit that purpose.
Even if it a purpose for which these goods are not normally supplied.
BALDRY V MARSHALL
If purchaser has abnormal sensitivity not known to trader and is fit for most ppl no breach.
GRIFFITHS V PETER CONWAY
s.11(1)
Implies a term that when the goods are supplied by description the goods will match that description.
Define s11(1) description
- implied description like goods on display
- where the supply of goods is by reference to a model seen or examined by the consumer then the goods supplied must match the model
- where website provides info about main characteristics of goods being sold
BEALE V TAYLOR - any description should be complied with, and this can extend to matters such as the method of packaging.
Remedies - supply of goods
s19
Goods which do not conform to the contract at any time within a six month period beginning the day on which the goods were delivered are presumed not to have complied with contract on day of delivery.
Remedies - supply of goods
s.20
Short term right to reject
Can claim refund within 30 days.
Refund must be issued within 14 days
Remedies - supply of goods
s23
The right to repair or replace.
Can claim a free repair or replacement, has to be identical and done in reasonable time.
Consumer can still excessive short term right to reject.
Remedies - supply of goods
s24
The right to a price reduction, refund or the final right to reject if one of 3 situations exist:
*After one repair or replacement the goods do not conform to the contract
* The consumer cannot exercise right to repair or replace bc item is impossible to recreate.
* The consumer has requested a repair or replacement,ent but trader has not done so within a reasonable time and without significant inconvenience to the consumer
OIR
Contract for the supply of services
s.49
Implies into a contract for the supply of a service a term that the trader will peform with reasonable care and skill.
Standard will be higher if the supplier holds himself out as having a special skill.
THAKE V MAURICE
OIR
Contracts for the supply of services
s.52
Implies into a contract for the supply of a service, a term that the trader will perform within a reasonable time.
Remedies - supply of services
s.55
Trader must repeat service
* to an extent necessary to comply with contract
* within reasonable time
* and must bear any costs such as materials and labour
Remedies - supply of services
s56
Right to a price reduction for the traders failure to perform the contract.
Can only seek a price reduction if repeat performance is impossible
Be within 14 days and same method as OG payment and not subject to any fee.
