consumer rights

Cards (15)

  • 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
    Trader must do this in a reasonable time
  • What does section 56 say?
    The right to a price reduction
    May result in the trader giving a refund
    This remedy is available where s55 is impossible