2015 Consumer Rights Act for Goods

rights and remedies for consumers, when making a contract with

a business

consumer

individual acting for purposes outside their trade/business

individual cannot be

a company

trader

a person acting for purposes within their trade, business, craft - whether personally or another acting on a traders behalf

trader can be

company, business partner or sole trader

S.9. the right to satisfactory quality

goods must meet the standards of a

RM by the state, condition

doesn’t apply if:

defects brought to consumers

attention or

if they have looked at them

and gone ahead and

the defects would have been

apparent to a RM

the court will take the product, price, appearance, brand into account as in

Rogers v Parish

S. 10- right to fitness for purpose

when C makes T aware of a particular purpose, which can be

express or implied so must be fit for that purpose

if does not apply,

assumed to be fit for usual purpose

should be fit for that purpose as in

Baldry v Marshall

but Consumer must make this known to trader, if not no breach as in

Griffiths v Conway

S.11- every contract to supply goods by description is to be treated as including a term that

the goods will match the description

includes

goods on display, the way they are packaged

if not packaged in the same way, does not match

Re Moore and Co

if only partially matching the description, can be awarded damages as in

Beale v Taylor

under S19 (14/15) if the fault occurs in first 6 months since delivery

will be assumed to have been present since delivery

if after first 6 months

burden is on consumer to prove it was faulty at time of delivery

Remedies:

s.20

short term right to reject

claim a refund within

30 days, within the next 14 days, same payment method, if not

s.23

right to repair or replacement

only one chance, must be

in a reasonable time

can’t be used if

repair/replacement impossible, if can’t be used

s.24

final right to reject or price reduction