Consumer Rights Act 2015

i. Exam Technique

1. Identify the necessary ____: trader, consumer, service/goods, supply of goods/services

2. Identify the relevant ______ and whether there is a breach

3. Outline the burden of ___ and apply

4. Explain the available ______, both common law and statutory

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CONTRACT TO SUPPLY GOODS

1. Components

The Consumer Rights Act 2015 ______ terms where there is an agreement between a trader and a consumer for the trader to supply goods.

A consumer is someone buying goods or services for personal use, not for ____ purposes.

A trader is someone acting in the course of their ____, trade, or profession, whether personally (e.g. self-employed) or through a representative.

A good is any tangible moveable items. This excludes products like ___ and software.

A contract to supply goods , Includes: o a contract to ___ goods (most common) o a contract to hire goods o a hire-purchase agreement (hire with option to purchase later) o a contract to transfer goods (purchasing goods with something other than money)

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2. Implied Terms

_____- Satisfactory Quality

The quality of goods must be _____. The test is: would the RP regard the goods as of satisfactory quality?

Relevant factors include: • Do they live up to their ______? • Quality relative to price.

What quality includes , • Are they in good working condition? • Can they be used as expected? • Do they look like what was promised? • Are they free from minor defects? • Are they safe? • Do they last for a reasonable amount of ____?

If any defects were brought to the consumer’s attention before the sale, or if the consumer had the chance to examine the goods and missed an obvious defect, the consumer ____ later claim the goods were of unsatisfactory quality.

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___ - Fitness for Particular Purpose

If a consumer implicitly or expressly conveys to the trader that they are purchasing the goods for a particular purpose, there is an ____ term that the goods must be fit for that specific purpose. This applies even if the purpose is not the usual purpose for which those goods are supplied.

A consumer does not need to explicitly communicate the purpose of goods to the seller if the purpose is obvious, as the goods must still be fit for their usual and intended use

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___ - Description

When goods are sold based on a _____—whether in person, online, or via advertising—the law implies that the goods must match that description.

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3. Remedies

Burden of Proof

If a fault is discovered within 6 months of delivery, there is a ______ presumption that the fault was present at the time of delivery (BoP on trader). If a fault is discovered after 6 months, there is a rebuttable presumption that the fault was not present at the time of delivery (BoP on consumer).

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___ - Short Term Right to Reject

Consumers have __ days from the date of delivery or installation to reject the goods if they do not meet the implied terms.

For perishable goods, the rejection must happen within a _____ time based on the product’s shelf life (e.g., food items may need to be rejected much sooner).

C must clearly inform the trader that they are ____ the goods and treating the contract as terminated.

Once the goods are rejected: • The trader must provide a full refund within_days of receiving the notice of rejection. • The consumer is responsible for either making the goods available for the trader to collect or returning them as agreed.

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___ - Right to Repair or a Replacement

If the goods are faulty, the consumer can request that the trader either ___ the goods (i.e. make the goods conform to the contract) or replace them.

___ - Right to a Price Reduction OR a Final Right to Reject

If the repair or replacement remedy under section 23 is ineffective, the consumer then has a final right to either (not both): 1. Request a price _____ 2. Reject the goods altogether

This final remedy is available if: • The goods still do not meet the contractual terms after an attempt at repair or replacement. • Repair or replacement is ______ or disproportionate. • The trader fails to repair or replace the goods within a reasonable time or without causing significant inconvenience to the consumer.

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CONTRACT TO SUPPLY SERVICES

The Consumer Rights Act 2015 implies terms where there is an agreement between a _____ and a consumer for the trader to supply services.

A ____ is someone buying goods or services for personal use, not for business purposes.

A trader is someone acting in the course of their business, trade, or profession, whether personally (e.g. self-employed) or through a _______.

A service (dictionary definition) is any ___ performed by a trader for a consumer in exchange for payment or other compensation.

A contract to supply services is any agreement where a consumer pays for services provided by a ____. It also includes services provided by sub-contractors. For instance, if a builder hires a sub-contractor to complete part of the job (like plumbing or electrics), the consumer still has protection under the Act.

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2. Implied Terms

____ - Reasonable Care & Skill

The trader must meet the standard expected of a _______ professional in that field.

The focus is on how the service is carried out, not necessarily the end result. This means that as long as the trader performs the work to a competent standard, they may not be in breach of contract even if the desired result isn’t achieved

Reasonable care and skill must be judged based on the standards that apply to the service in its specific context, not necessarily on the consumer’s expectations.

____ - Performance within a Reasonable Time

If the contract does not specify a time frame for completing the service, the law implies a term that the service must be performed within a ____ time.

Relevant factors , What counts as a reasonable time is a question of fact: • The ____ of the service. • The specific circumstances surrounding the contract. • The complexity and scale of the work. • Any delays caused by the consumer or external factors

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3. REMEDIES

____ - Right to Repeat Performance

The consumer can require the trader to perform the service again, ensuring it ______ to the contract.

This remedy is only available if it is ____ for the service to be performed again. If the service cannot be repeated (e.g., a haircut) this remedy does not apply.

If the consumer opts for repeat performance , • The trader must complete the service within a reasonable time • The repeated service must be provided without significant ______ to the consumer, such as unreasonable delays or extra costs. • The cost of the repeat performance is borne by the trader, not the consumer.

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____ - Right to a Price Reduction

If repeat performance is either: • Not ____ within a reasonable time, • Provided but causes significant inconvenience to the consumer, or • Impossible (e.g., the nature of the service prevents it from being redone), Then the consumer can request a price reduction instead. This can range from a partial reduction to a full refund depending on the circumstances of the breach.

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EXCLUSION CLAUSES

1. Contract for Supply of Good

A trader cannot exclude or limit liability for breaches of the implied terms (s9, s10, s11).

A trader cannot exclude or limit liability for death or personal injury that results from their negligence.

All terms in a consumer contract must be fair. Unfair terms are legally void.

A term is considered unfair if it it causes a significant ____ in the parties' rights and obligations under the contract to the detriment of the consumer.

When determining whether a contract term is fair, the courts will consider , • The subject matter of the contract • All relevant _____: The specific details surrounding the contract when it was made, such as the parties’ knowledge, bargaining power, and the clarity of the terms.

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2. Contract for Supply of Good

Traders cannot exclude or limit their liability for breaches of the implied terms in contracts for services (s49 & s52)

A trade cannot exclude liability for death or personal injury resulting from their negligence when providing services.

All terms in a consumer contract must be fair. Unfair terms are legally void.