Paper 3: Consumer Rights Act 2015

B2B

Business to business

B2C

Business to consumer

Consumer

Individuals acting wholly/mainly OUTSIDE of their business.

Trader

Person acting relating to their trade (INSIDE their business).

Terms of a contract

What is in the contract

Breach of contract

To break the contract

Act for Consumer Rights

Consumer Rights Act (CRA) 2015

Which sections of CRA cover goods?

s.9, s.10 and s.11

s.9

Goods must be of satisfactory quality

Satisfactory quality

A reasonable person would think the goods to be of satisfactory quality.

Is satisfactory quality subjective or objective?

Objective test

When does s.9 not apply?

- If consumer knew about defect before purchase

- Should've been aware, e.g. by examining the good

s.10

Goods must be fit for purpose

Fit for purpose

Should do what they are expected to do.

Proving fit for purpose

- Consumer can make their own specific purpose clear

- If goods don't fit this purpose, there is a breach

When does s.10 not apply?

If consumer did not rely on trader's advice

s.11

Goods should match their description, including any sample.

Which sections cover remedies for goods?

s.20, s.23, s.24

s.20

Can reject within 30 days

Can reject within 30 days

- Full refund within 14 days, in same method as payment

- Trader must bear reasonable costs of returning

s.23

If not within 30 days, right to repair/replacement

If not within 30 days, right to repair/replacement

- Unless unreasonably expensive for trader

- Trader must replace/repair in reasonable time

- Faults must have been present from the start

s.24

If repair/replacement not satisfactory, right to price reduction/reject and full refund

If repair/replacement not satisfactory, right to price reduction/reject and full refund

Trader can have one attempt at repair

Which sections cover services?

s.49 & s.52

s.49

Must perform service with reasonable care and skill.

s.52

Must perform service within reasonable time.

Which sections cover remedies for services?

s.55 & s.56

s.55

Right to require repeat performance

s.56

Right to a price reduction

When is there a right to a price reduction for services?

Where repeat performance is not possible OR if trader has failed to do within reasonable time