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law > The Consumer Rights Act 2015 > Flashcards

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

A

30 days

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

A

yes

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
Q

what section implies into a contract for the supply of a service a term that trader will perform service with reasonable car + skill

A

s.49 CRA 2015

26
Q

what is the test to see if trader acting at standard expected

A

is supplier exercising the ordinary skill of an ordinary competent person supplying that particular service?

27
Q

what case states that the standard will be higher if supplier holds himself out as having any special skill/ expertise

A

Thanks v Maurice

28
Q

in what case were the local safety standards complied with ‘the reasonable holidaymaker’ so did not beach implied term

A

Wilson v Best Travel

29
Q

what section states that performance within a reasonable time is an implied term

A

s.52

30
Q

who decides what is a reasonable time

A

courts

31
Q

when does s.52 apply (performance within a reasonable time)

A

if contract does not fix a time for the service to be performed

32
Q

what remedies (along with normal BOC remedies e.g. damages) are available for contracts for the supply of services

A

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
Q

under s.55 right to repeat performance, what are the requirements for a repeat performance (3)

A

• 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
Q

when is s.52 Right to repeat performance unavailable

A

if such performance is impossible

35
Q

how much must trader reduce price by under s.56

A

appropriate amount

36
Q

when a person has exercised right to repeat performance, when can he seek price reduction

A

if repeat performance is impossible/ trader not done so within reasonable time + without significant inconvenience to consumer

37
Q

what are the requirements for a refund under s.56

A

within 14 days, same method as original payment + no fee to consumer

law (13 decks)

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