The Consumer Rights Act 2015 Flashcards
what rights are consumers protected under it a trader and consumer make a contract under which the trader is to supply good and/ or services to consumer
statutory rights
what section states statutory rights are in the form of:
• ensure certain minimum standards
• consumer remedies
• controls on exemption clauses
s.1(1) CRA 2015
what is a trader
person providing goods/ services - sole trader or company
what is a consumer
person buying goods/ receiving services - must be an individual
list 3 sections that apply to contracts for the supply of goods
s9 CRA 2015 - satisfactory quality
s10 CRA 2015 - fitness for purpose
s11 CRA 2015 a goods to be as described
what section implies a term in every contract for the supply of good that the goods will be of satisfactory quality
s.9(1)
what section states that satisfactory quality means what a reasonable person would consider satisfactory given the price, description + all other relevant circumstances
s.9(2)
what section states that satisfactory quality includes their state and condition and the following (name these- 5)
s.9(3)
a. fit for all common purposes
b. appearance and finish
c. freedom from minor defects
d. safety of the goods
e. durability
s.9(4) states SQ does not apply if…(a,b,c)
a. defect is drawn to consumer’s attention before contract made
b. consumer made an examination before contract + examination should have revealed defect
c. sample is provided + defect would have been revealed by any reasonable examination of the sample
what section states that it is an implied term that goods will be fit for purpose
s.10(3)
in what case did the courts agree the car was not fit for purpose
Bakery v Marshall
what case states where a purchaser has an abnormal sensitivity that is not known to the seller, as long as goods fit for purpose to most people, there will be no breach of the requirement
Griffiths v Peter Conway Ltd.
what section states ‘every contract to supply goods by description is to be treated as including a term that the goods will match the description’
s.11(1)
give 2 examples of what a description includes
- where goods are on display and consumer selects for himself
- good which describe themselves
in what case was C entitled to damages for BOC as car supplied did not match the description
Beale v Taylor
in what case did description extend to matters of packaging which led to harsh results
Re Moore and Landauer
what are the 3 remedies for contracts for the supply of goods
1) s20 short term right to reject
2) s23 the right to repair or replacement
3) s24 the right to a price reduction or the final right to reject
what time period must s20 short term right to reject be within
30 days
how long must a refund be given
within 14 days
what does a replacement have to be
identical - if same make/ model unavailable then replacement impossible
what must a replacement be done within
reasonable time + without significant inconvenience to consumer
after any repair/ replacement, can consumer still exercise s.20
yes
in what situations does s.24 the right to a price reduction or final right to reject apply (3)
• after one repair/ replacement goods do not conform to the contract
• consumer cannot exercise the right to repair/ replace because both impossible it disproportionate
• consumer requested repair/ replacement but trader not done so within reasonable time + without significant inconvenience to consumer
what does contracts for the supply of services involve
performance of a task rather than delivery of the goods
what section implies into a contract for the supply of a service a term that trader will perform service with reasonable car + skill
s.49 CRA 2015
what is the test to see if trader acting at standard expected
is supplier exercising the ordinary skill of an ordinary competent person supplying that particular service?
what case states that the standard will be higher if supplier holds himself out as having any special skill/ expertise
Thanks v Maurice
in what case were the local safety standards complied with ‘the reasonable holidaymaker’ so did not beach implied term
Wilson v Best Travel
what section states that performance within a reasonable time is an implied term
s.52
who decides what is a reasonable time
courts
when does s.52 apply (performance within a reasonable time)
if contract does not fix a time for the service to be performed
what remedies (along with normal BOC remedies e.g. damages) are available for contracts for the supply of services
1) s.55 Right to repeat performance
2) s.56 Right to a price reduction for the trader’s failure to perform the contract
under s.55 right to repeat performance, what are the requirements for a repeat performance (3)
• to extent necessary to comply with contract
• within a reasonable time + without significant inconvenience to consumer
• must bear any costs e.g. materials + labour
when is s.52 Right to repeat performance unavailable
if such performance is impossible
how much must trader reduce price by under s.56
appropriate amount
when a person has exercised right to repeat performance, when can he seek price reduction
if repeat performance is impossible/ trader not done so within reasonable time + without significant inconvenience to consumer
what are the requirements for a refund under s.56
within 14 days, same method as original payment + no fee to consumer
