Consumer Rights Act 2015- Services

Implied terms: S49- reasonable care and skill

Decided on a case by case basis, same duty of care as in negligence. Reasonable person test.

Thake v Maurice:

Mr Thake had a vasectomy. His wife became pregnant again and they sued the surgeon for breach of contract. He had performed the surgery to the standards if a reasonably competent surgeon.

Implied terms: S52- Performance within a reasonable time

This does not apply to contracts that specify a time.

• Applied where a contract does not state the time and the service has not been completed.

• This is what is reasonable in the circumstances- a question of fact.

Remedies- S55

The right to require repeat performance.

• “do it again, until it’s right”

• Has to be done within a reasonable time

• The consumer must not be inconvenienced

• Trader has to bear any additional costs

Remedies- S56

The right to a price reduction.

• Must be appropriate in the circumstances

• Cannot be used if repeat performance is possible

• Cannot be used if the trader completes performance within a reasonable time/ without interference for the consumer.