A-Level Law: Consumer Rights Act

Section of the Act that outlines consumers and traders

s.2

Consumer definition

Individuals buying goods and services outside of their trade

Trader definition

Person supplying goods for purposes relating to their trade, acting personally or on behalf of another

Three statutory rights of a consumer in terms of the supply of goods

Right of satisfactory quality, fitness for a particular purpose, relating to description

Section of the Act that relates to the right to satisfactory quality for the supply of goods

s.9

Section of the Act that states that the right to satisfactory quality applies to every contract for the supply of goods

s.9(1)

Section that shows that the standard of quality for goods is objective

s.9(2)

Section that shows that goods must be fit for purpose, have good appearance and finish, have no minor defects, and be safe and durable

s.9(3)

Section that outlines exceptions to the right to satisfactory quality in the supply of goods

s.9(4)

Three exceptions to the right to satisfactory quality in the supply of goods

Consumer knows about defects, consumer could have examined the good before purchase, defect is obvious

Section of the Act that outlines the right to fitness for purpose in the supply of goods

s.10

Sections that shows that the right to fitness of purpose in the supply of goods applies to any contract where a buyer's use of the good is made clear

s.10(1) and (3)

Section that states that if the consumer does not rely or would be unreasonable to rely on the advice of the trader, then the goods will not be treated as fit for the buyer's purpose

s.10(4)

Case that shows that if a product only has one purpose, the courts will assume the trader knew what this was

Priest v Last

Case that shows that if the customer wants to use a good for an unusual or specific use, they must make this clear to the trader for the right to apply

Griffiths v Peter Conway

Section that states that consumers have a right for goods to be as described in the supply of goods

s.11

Section that shows that goods must fit the description included in the term of the contract

s.11(1)

Section that shows that if there is a sample and the goods bought match the sample but not the description, the s.11 right will still be breached

s.11(2)

Section that shows that even if the consumer picks out the good themself, they still have a right for the good to fit the description

s.11(3)

Section that shows that if there is a breach in the rights in the supply of goods, the consumer can treat a contract as ended

s.20(4)

First remedy available in case of a breach for the supply of goods

Short-term right to reject within 30 days

Section that shows the short-term right to reject within 30 days

s.20

Section that shows that the consumer must communicate the rejection clearly within 30 days to get the short term right to reject

s.22

Section that shows that the trader has a duty to give refund and the consumer has a duty to make the good available to the trader

s.20(7)

Section that shows that the trader must give a refund without undue delay and certainly within 14 days AND must be the same form of payment as the consumer had used to purchase the good

s.20(15)

Second remedy available in case of a breach for the supply of goods (after 30 days)

Right to repair or replacement

Section that shows the right to repair or replacement

s.23

Sections that shows that the Act recognises that some goods cannot be replaced and some, if they were compensated for, would be disproportionate

s.23(3) and (4)

Section that shows that traders must repair or replace within a reasonable time

s.23(2)

Third remedy available in case of a breach of the supply of goods (if the repair or replacement was not satisfactory)

Right to price reduction or final right to reject

Section that shows the final right to price reduction or final right to reject

s.24

Section that shows that the trader only has one attempt to repair or replace the good before the consumer can claim the final right to price reduction or rejection

s.24(5)

Other type of remedy available on top of statutory remedies for the supply of goods

Damages

Sections that rebuttably presume that defects within 6 months of purchase were present at the time of purchase, and defects after 6 months of purchase were not present at the time

s.19(4) and (5)

Section that shows that a trader cannot exclude themselves of liability for s.9, 10, and 11 rights of the Act

s.31(1)

Two rights of a consumer into a contract to supply services

Trader must perform with reasonable care and skill and within a reasonable time

Section that shows that a consumer has the right for the trader to carry out a contracted service with reasonable care and skill

s.49

Case that outlines the standard of reasonable care and skill (from tort)

Bolam v Friern

Case that shows that a professional company not carrying out reasonable checks is a breach of reasonable care and skill

Davey v Cosmos

Case contrasting Davey v Cosmos, stating that if a trader had taken out reasonable checks and the consumer is somehow harmed, they will not be in breach of the s.49 right

Wilson v Best Travel

Section that outlines that the consumer has a right for the service contracted to be carried out within a reasonable time

s.52

Section that shows that if the service contracted out did not fit the information provided by the trader, the consumer may want a reperformance or price reduction

s.50

Section that shows that a term of a contract cannot exclude the trader of liability from the consumer's s.49 or 52 rights

s.57

Section that shows that the consumer can ask the trader to offer reperformance if they are not satisfied for a contracted service (ONLY for breach of reasonable care and skill)

s.55

Section that shows if reperformance is impossible then the consumer has a right to price reduction (both for reasonable care and skill and for breach for reasonable time)

s.56