Customer Rights Act 2015

Consumer

An individual acting for the purposes that are wholly or mainly outside that individual’s trade, business, craft or profession. A company cannot be a consumer.

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. Can be a sole trader or a company or any form of business organisation.

Terms implied into a contract to supply goods: they must be…

S9 - Satisfactory Quality

S10 - Fitness for particular purpose

S11 - Description

Section 9 - The Right of Satisfactory Quality

Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory. Satisfactory quality is defined as being where the goods meet the standard that a reasonable person would consider satisfactory taking in account:

• Any description of the goods

• The price or other consideration for the goods (if relevant)

• All the other relevant circumstances

Barlett v Sidney Marcus Ltd

C bought a second hand Jaguar and the seller had bought the defect to the attention of the buyer and therefore the buyer could not assert any rights under S14. It did not matter that he was misled on the actual cost of the defect.

Section 10 - The right of fitness for particular purpose

This section applies to a contract to supply goods. There is no need to state a purpose to the supplier if goods are bought for their normal use, but if before the contact is made the consumer makes known to the trader expressly or by implication any purpose for which the consumer is contracting for the goods. An implied term they will be fi for purpose.

Baldry v Marshall

A Bugatti car was sold and was in fact not fit for purpose as the court had agreed.

Griffiths v Peter Conway Ltd

Where, however, the purchaser has a particularly sensitivity that is not known to the seller, then as long as the goods are fit for normal people there will be no breach.