Consumer Rights Act 2015

• what is a consumer?


  ’an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.’
• What is a trader?


  ‘a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader‘s name or on the trader’s behalf.’
• Section 9- the right of satisfactory quality.

  States that ‘every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.’
• Section 9, satisfactory quality takes account of;

  • description of goods
  • price or other consideration
  • all other relevant circumstances
• Section 9- quality of goods includes their state and condition and takes into account;

  • the fitness for all the purposes for which goods of that kind are usually supplied and their durability.
  • appearance and finish of the goods.
  • freedom from minor defects of the goods.
  • the safety of the goods.
• Section 9- This won’t apply if;

  • with respect to defects specifically drawn to the consumer’s attention before contract is made.
  • where consumer examines the goods before the contract is made in relation to any defect that the exam would’ve revealed.
  • where goods have been sold after inspection of a sample and the defect would’ve been apparent on a reasonable examination.
• Section 9- Rogers V Parish ltd.

  A new Range Rover sale.
• section 10- the right of fitness for particular purpose.

  Section applies to a contract to supply good if, before the contract is made, the consumer makes known to the trader any particular purpose for which the consumer is contracting for the goods
• section 10- Baldry V Marshall

  if the buyer is relying on the skill and judgement of the seller in buying the goods and has expressed a particular purpose for which the goods are required, the implied condition will be in the contract.
• section 11- the right to relating to description

  'every contract to supply goods by description is to be treated as including a term that the goods will match the description.'
• section 11- Re Moore and Landauer

  results can be harsh.
• remedies for the breach of a term implied into a contract to supply goods:

  • section 20
  • section 23
  • section 24
• section 20- the short term right to reject

  must be exercised within 30 days of the delivery of the goods. period will be shorter where the goods are perishable. consumer is entitled to a full refund, the trader must bear any reasonable costs of returning the goods.

  A refund must be given without undue delay and within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. Must be in same means of payment as consumer used.
• section 24- the right to a price reduction or the final right to reject

  if s23 doesn't bring satisfaction then they can claim a full refund of reject good under s24. Trader can only have on attempt at repair or replacement for consumer to have this right.

  Any refund is subject to deduction for use and during the first six months any deduction for use is limited to motor vehicles.
• section 49- reasonable care and skill

  this section states that a contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

  Thake V Maurice
• section 52- performance within a reasonable time

  this section states that the service has to be performed within a reasonable time where the contract does not expressly fix the time for the service to be performed and doesn't say how it is to be fixed.
• remedies for the breach of a term implied into a contract to supply services:

  • s55 the right to require repeat performance
  • s56 the right to a price reduction
• section 55- the right to require a repeat performance

  this right requires the trader to perform the service again to the extent necessary to complete its performance in accordance with the contract.
• section 56- the right to a price reduction

  this right is to reduce the price to the consumer by an appropriate amount for the trader's failure to perform the contract. May result in the trader giving a refund up to full contract price.

  only available in 2 situations:

  • where repeat performance is impossible, or
  • if the consumer has asked fir repeat performance but trader is in breach of the requirement to do it in a reasonable time and without interference to the consumer.
• the consumer rights act 2015 covers contracts between traders and consumers, it includes:

  • a fairness test
  • a provision that the main subject matter of the contract or terms that set the price are only exempt from the test of fairness if they are 'transparent and prominent'
  • a 'grey list' of potentially unfair clauses in consumer contracts
• section 31 prohibits a term excluding or limiting liability including for the following sections of the Act with respect to sale of goods:

  • s9
  • s10
  • s11
  • s14
  • s15
• section 57 prohibits a term excluding or limiting liabiloty, for the supply of services under the following sections of the Act:

  • s49
  • s50
  • s51
  • s52
• section 65 prohibits exclusion or restriction of liability for death or personal injury resulting from negligence.
• section 62, there is a requirements for all consumer contact terms and notices to be fair. Defines 'unfair' terms as those which put the consumer at a disadvantage by limiting the consumers rights or disproportionately increasing his or her obligations as compared to the traders rights and obligations.