What 2 supplies does the consumer rights act deal with?
Supply of goods
Supply of services
What does section 9 say?
The right of satisfactory quality
the goods meet the standard of what a reasonable person would a consider satisfactory (Rogers v Parish)
When will section 9 not apply?
If any defects have been brought to the consumers attention prior to the contract made
If the consumer examines the goods before the contract is made where a defect would have been revealed
If goods have been sold after inspection
What does section 10 say?
The rights of fitness for purpose
An implied term that the goods are fit for purpose (Baldry v Marshall)
When will section 10 not apply?
If the purchaser has a particular sensitivity not known to the seller, as long as the goods are fit for normal purpose there is no breach (Griffiths v Peter)
What does section 11 say?
The right relating to description
The description must include Nat statutory information relating to goods as set out in Consumer Contracts regulations 2013
The goods must match any model that has been seen
What sections set out remedies for the breach of a term implied?
Section 20
Section 23
Section 24
Section 19
What does Section 20 say?
The short-term right to reject
This must be exercised within 30 days of delivery of goods
The trader must bear any reasonable costs of returning goods
A refund must be given without delay within 14 days
What does section 23 say?
The right to repair and replace
If s20 is not exercised they have right to repair
A replacement has to be identical
Must occur in reasonable time
What does section 24 say?
The right to a price reduction or the final right to reject
The trader can only have one attempt at repair or replacement for the consumer to Have this right
What does section 19 say?
If a breach arises within the first 6 months from delivery, the breach is presumed to have been there at the time of delivery
The trader would have to prove otherwise
What does section 49 say?
The trader must perform the service with reasonable care and skill
The standard of care the trader has to meet is the standard of a reasonable person
What does section 52 say?
Performance in a reasonable time
The service must be performed within a reasonable time, if the contract has not expressly fixed a time for when service needs to be performed
What does section 55 say?
The right to repeat performance
The trader must perform the service again, to the extent necessary to complete its performance