Consumer rights act 2015

Consumer rights act 2015

-Act clearly distinguished between a consumer’s rights and a trader’s rights.

-Deals with law relating to unfair terms in consumer contract and remedies available to consumers.

Terms Implied into Contracts to Supply of Goods

Section 9: Satisfactory Quality of Goods

Implies that goods must be of satisfactory quality, including:

-Fitness for purpose.

-Freedom from minor defects.

-Safety and durability.

The test is objective and considers what a reasonable person would regard as satisfactory

Rogers v. Parish Ltd.

Sale of a new Range Rover car. Defect in engine, gearbox and bodywork

Court looked into: 1. vehicle sold as new, so defect in a second hand sale cannot be expected; 2. look at description- Range Rover- a set of expectations; 3. factor of price.

Section 10: Fitness for Particular Purpose

Goods must be reasonably fit for any purpose the consumer makes known to the trader at the time of purchase.

Baldry v. Marshall

Buyer asked the seller to supply him with a fast, flexible and easily managed car- suitable for ordinary touring purpose.

Bugatti car sold to him was not fit for the purpose.

The implied term does not apply if:

trader not aware of condition

Section 11: Description of Goods

Goods supplied by description must match that description, including goods bought by sample. This also includes the way in which things are packed.

Re Moore and Co. Ltd.

Tined peaches packed in cartons of 30. but received some packages with 24 tins. But total tin was correct.

Remedies for Breach of Implied Terms in Goods Contracts

Right to reject (sec 20)

Right to repair/ replacement(sec 23)

Right to price reduction(sec 24)

Section 20: Short-Term Right to Reject

Consumers can reject goods within 30 days of purchase/delivery.

Entitles consumers to terminate the contract.

Section 23: Right to Repair or Replacement

Consumers can request repair/replacement within 6 months.

The trader must bear any necessary costs and complete this without significant inconvenience to the consumer.

Section 24: Right to a Price Reduction or Final Right to Reject

Applies if repair/replacement is impossible or fails. Consumers may seek a price reduction or reject goods outright.

Terms Implied into Contracts to Supply Services

Section 49: Reasonable Care and Skill

Every contract to supply a service includes an implied term that the trader must perform the service with reasonable care and skill.

Section 52: Performance Within a Reasonable Time

Applies when the contract does not specify the time for performance.

What is a "reasonable time" is a question of fact in each case.

Remides in supply of service

Section 55: Right to Repeat Performance

The trader must perform the service again to the extent necessary to complete its performance in conformity with the original contract.

Section 56: Right to a Price Reduction

Section 49: Reasonable Care and Skill

Every contract to supply a service includes an implied term that the trader must perform the service with reasonable care and skill

Section 52: Performance Within a Reasonable Time

Applies when the contract does not specify the time for performance.

What is a "reasonable time" is a question of fact in each case

Section 55: Right to Repeat Performance

The trader must perform the service again to the extent necessary to complete its performance in conformity with the original contract

Section 56: Right to a Price Reduction

Section 56: Right to a Price Reduction