Consumer Rights Act 2015

Overview

The Consumer Rights Act 2015 (CRA) consolidates the rights and remedies available to consumers when entering contracts with businesses. It distinguishes between two key roles:

  • Consumer: An individual acting predominantly outside of their trade or profession, thus a company cannot be a consumer.

  • Trader: A person or entity acting in relation to their trade, business, craft, or profession.

Sections Relating to Supply of Goods

  1. Section 9 - Right of Satisfactory Quality

    • Implies goods must meet a standard a reasonable person would deem satisfactory considering description, price, and relevant circumstances.

    • Key Considerations: Fit for purpose, appearance, defects, safety.

    • Case: Rogers v Parish - Sale of a defective Range Rover illustrated the quality expectation.

  2. Section 10 - Right of Fitness for a Particular Purpose

    • Ensures goods are fit for a specific purpose communicated by the consumer to the trader.

    • Case: Baldry v Marshall - A Bugatti sports car was unsuitable for touring as requested by the consumer.

    • Additional Case: Griffiths v Conway highlighted that seller’s awareness of a specific condition is crucial.

  3. Section 11 - Right Relating to Description

    • Goods must match their description as per advertisement or display.

    • Cases:

      • Beale v Taylor - Misleading car description led to legal entitlement to damages.

      • Re Moore & Co - Incorrect packing of peaches illustrated mismatch in description.

Remedies for Supply of Goods

  1. Section 20 - Short Term Right to Reject

    • Consumers can reject goods within 30 days post-delivery for a full refund.

  2. Section 23 - Right to Repair or Replacement

    • If rejection isn't exercised, consumers can demand repair or replacement of faulty goods.

  3. Section 24 - Right to Price Reduction or Final Right to Reject

    • If previous remedies fail, consumers can demand a price reduction or finalize rejection of goods.

Terms Implied in Contracts for Services

  1. Section 49 - Reasonable Care and Skill

    • Traders must perform services with reasonable care and skill akin to professional standards.

    • Case: Thake v Maurice confirmed that a competent surgeon had reached the expected standard.

  2. Section 52 - Performance within a Reasonable Time

    • Services must be performed within a reasonable timeframe unless specified in the contract.

Remedies for Breach in Services

  1. Section 55 - Right to Require Repeat Performance

    • Consumers can demand services be redone to meet contract standards.

  2. Section 56 - Right to a Price Reduction

    • Consumers may reduce the price if services have not been performed satisfactorily or within a reasonable timeframe.

Summary of Consumer Remedies Under the CRA

  • S20: Short-term right to reject and claim a refund within 30 days.

  • S23: Right to repair or replace if the rejection right is not exercised.

  • S24: Right to a price reduction or final rejection of goods if previous remedies are inadequate.

Burden of Proof

  • Under S19(14) and (15), if a fault occurs within the first 6 months post-delivery, it’s presumed