Consumer Rights Act 2015

Consumer Rights Act definition

It applies to all contracts between consumers and traders/businesses. It will cover contracts for all goods, services and mixed contracts (which involve both goods and services).

Goods- RIGHTS

Satisfactory quality, fit for purpose, as described.

Satisfactory quality

Under S.9, the goods must be of satisfactory quality- which is what a reasonable person would consider satisfactory given the price, description, state and condition, fitness for purpose, appearance and finish, freedom from minor defects.

However, S.9 will not apply if the fault is drawn to the consumer’s attention before the contract is made, the consumer examines the goods and this should have revealed the fault, or the goods were supplied by sample and any reasonable inspection of the sample would have revealed the fault.

Fit for purpose

Under S.10, the goods must also be fit for purpose. If the buyer makes known a particular purpose for the goods, or the purpose is obvious, or the salesperson has recommended the goods, then there is an implied term that the goods were fit for that purpose. If the goods were recommended by the trader, the consumer must have relied on the skill and judgment of the trader and it must have been reasonable for them to do this- Baldry v Marshall.

As described

Under S.11, the goods must be as described. This can be an implied description. (E.g. if goods are on display; the item must match that display).

SR- this section also applies to how goods are packaged- Moore & Co. Ltd.

Goods- EXCLUSION CLAUSES 

Section 31 CRA- a trader can NEVER exclude or limit their liability in relation to S.9, S.10 or S.11.

Section 65- a trader can’t exclude liability for death or personal injury that resulted from negligence. 

Goods- REMEDIES

If the business has breached s.9, 10, or 11 of the Consumer Rights Act 2015, then the consumer will have 3 remedies:

S.20 - short term right to reject the goods and collect a refund (within 30 days).

S.23 - the right to repair or a replacement.

S.24- the right to a price reduction or a final right to reject.

Exam tip- start with S.20 then move to S.23 and then 24. NEVER JUMP.

Services- RIGHTS

The service will be performed with reasonable care and skill- S.49.

The service will be performed within a reasonable amount of time- S.52.

Reasonable care and skill

Under S.49- the trader must perform the service with reasonable care and skill. This means the skill of an ordinary competent person supplying that particular service. The standard is higher for those with special skill and experience- Thake v Maurice.

Performance within a reasonable time

Under S.52- where the contract doesn’t specify a time, the service must be performed within a reasonable time. What is a reasonable time is a question that depends on the circumstances.

Services- EXCLUSION CLAUSES

Section 57- a trader can NEVER exclude or limit their liability in relation to S.49 or S.52.

Section 65- a trader can never exclude liability for death or personal injury that resulted from negligence.

Services- REMEDIES

If a business has breached S.49 or 52 of the Consumer Rights Act 2015, the consumer will have 2 remedies:

S.55- the trader will be asked to repeat the service again.

S.56- the consumer will be given a price reduction.

Exam tip- start with S.55 and then move to S.56. NEVER JUMP