Consumer Rights Act 2015- Goods

Consumer

“An individual acting for purposes mainly or wholly outside that individuals trade, business, craft and profession” S2(3)

Trader

“A person acting for purposes relating to that person’s trade, business, craft, or profession” S2(2)

Implied terms: Section 9

Right to satisfactory quality.

The goods shouldn’t be damaged.

The goods should be safe and fit for its purposes.

This does not include when defects are clear to the consumer before the sale.

Roger v Parish (Scarborough) Ltd. 1987

Implied terms: Section 10

Right to fitness for a particular purpose.

The goods are suitable for the common, everyday use for that item.

Where the consumer makes it clear that the goods are for a particular purpose, that the recommended goods are suitable for that purpose.

Grant v Australian Knitting needles 1937

Baldry v Marshall

Implied terms: Section 11

Goods to be as described.

Goods are reflective of what have been described.

Re Moore & Co

Beale v Taylor

Remedies: Section 20

Short term right to reject.

• Within 30 days (shorter for perishable items)

• Entitled to a full refund

• Refund without delay and within 14 days

• Trader bears the costs of returning the item e.g. returns label

Remedies: Section 23

Right to repair or replace

• If the right ti reject isn’ taken within 30 days, the consumer has the right to replacement or repair.

• Replacement must be identical.

• Must be carried out within a reasonable time and not inconvenience the consumer.

• Trader pays the costs.

Remedies: Section 24

Right to a price reduction.

• If section 23 is not to consumer satisfaction, they can ask for a price reduction of use their final right to reject..

• The trader only has one opportunity to attempt to repair or replace.

S19

• Within 6 months of delivery, any fault is presumed to have been present since purchase, and the trader has to prove it wasn’t.

• After 6 months of delivery, the burden is on the consumer to prove that the product has been faulty all that time, otherwise, it is normal wear and tear, and the trader does not have to repair/ replace.