The Consumer Rights Act 2015 Flashcards

1
Q

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

A

statutory rights

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2
Q

what section states statutory rights are in the form of:
• ensure certain minimum standards
• consumer remedies
• controls on exemption clauses

A

s.1(1) CRA 2015

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3
Q

what is a trader

A

person providing goods/ services - sole trader or company

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4
Q

what is a consumer

A

person buying goods/ receiving services - must be an individual

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5
Q

list 3 sections that apply to contracts for the supply of goods

A

s9 CRA 2015 - satisfactory quality
s10 CRA 2015 - fitness for purpose
s11 CRA 2015 a goods to be as described

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6
Q

what section implies a term in every contract for the supply of good that the goods will be of satisfactory quality

A

s.9(1)

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7
Q

what section states that satisfactory quality means what a reasonable person would consider satisfactory given the price, description + all other relevant circumstances

A

s.9(2)

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8
Q

what section states that satisfactory quality includes their state and condition and the following (name these- 5)

A

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

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9
Q

s.9(4) states SQ does not apply if…(a,b,c)

A

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

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10
Q

what section states that it is an implied term that goods will be fit for purpose

A

s.10(3)

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11
Q

in what case did the courts agree the car was not fit for purpose

A

Bakery v Marshall

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12
Q

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

A

Griffiths v Peter Conway Ltd.

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13
Q

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’

A

s.11(1)

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14
Q

give 2 examples of what a description includes

A
  • where goods are on display and consumer selects for himself
  • good which describe themselves
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15
Q

in what case was C entitled to damages for BOC as car supplied did not match the description

A

Beale v Taylor

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16
Q

in what case did description extend to matters of packaging which led to harsh results

A

Re Moore and Landauer

17
Q

what are the 3 remedies for contracts for the supply of goods

A

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

18
Q

what time period must s20 short term right to reject be within

19
Q

how long must a refund be given

A

within 14 days

20
Q

what does a replacement have to be

A

identical - if same make/ model unavailable then replacement impossible

21
Q

what must a replacement be done within

A

reasonable time + without significant inconvenience to consumer

22
Q

after any repair/ replacement, can consumer still exercise s.20

23
Q

in what situations does s.24 the right to a price reduction or final right to reject apply (3)

A

• 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

24
Q

what does contracts for the supply of services involve

A

performance of a task rather than delivery of the goods

25
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
26
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?
27
what case states that the standard will be higher if supplier holds himself out as having any special skill/ expertise
Thanks v Maurice
28
in what case were the local safety standards complied with ‘the reasonable holidaymaker’ so did not beach implied term
Wilson v Best Travel
29
what section states that performance within a reasonable time is an implied term
s.52
30
who decides what is a reasonable time
courts
31
when does s.52 apply (performance within a reasonable time)
if contract does not fix a time for the service to be performed
32
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
33
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
34
when is s.52 Right to repeat performance unavailable
if such performance is impossible
35
how much must trader reduce price by under s.56
appropriate amount
36
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
37
what are the requirements for a refund under s.56
within 14 days, same method as original payment + no fee to consumer