The Consumer Rights Act 2015

Question 1

What does the CRA15 cover?

Answer 1

contracts between traders and consumers for goods and services

Question 2

What are the implied rights for goods? Name the S.#

Answer 2

s.9, s.10, s.11

Question 3

What implied right does s.9 give you consumers?

Answer 3

The goods must be of satisfactory quality - this is an objective test - refers to condition, state, free from defects etc

Question 4

What defences are there for s.9 rights?

Answer 4

1. If the fault is drawn to the consumer’s attention before the contract was made
2. If the consumer examines the goods and this should have revealed the fault
3. Any reasonable inspection of a sample should have revealed the fault

Question 5

What implied right does s.10 give you?

Answer 5

fitness for purpose - consumer must have relied on the skill and judgement of the trader

Question 6

What case applies to s.10?

Answer 6

Baldry v Marshall

Question 7

What implied rights does s.11 give you?

Answer 7

The good must match description - under Moore & Co, this also applies to how the goods are PACKAGED

Question 8

What are the remedies for a breach of an implied right in a contract for goods? Name the s.#

Answer 8

s.20, s.23, s.24

Question 9

Explain the s.20 remedy

Answer 9

the short term right to reject goods and claim a full refund within 30 days - the trader must bear the costs and it must be given within 14 days

Question 10

Explain the s.23 remedy

Answer 10

the right to a repair or replacement within a reasonable time, with the trader bearing all costs, without significant inconvenience to the consumer

Question 11

Explain the s.24 remedy

Answer 11

the right to a price reduction or a final fight to reject is allowed if, after repair or replacement, the goods still do not conform to the contract

Question 12

What does s.31 state (limiting liability??)

Answer 12

it prohibits a term being in a contract that excludes or limits liability under s.9, s.10, and s.11