Consumer Rights Act 2015

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  • Created by: luiza sz
  • Created on: 18-04-19 12:26
Consumers Rights Act 2015
applies where there is an agreement between a trader and a consumer for the trader to supply goods and services.
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Trader
a person acting for purposes relating to that person’s trade, business, craft or profession
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Consumer
an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
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Goods
ny tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.
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Terms implied into a contract to supply goods
s.9 Goods to be of satisfactory quality. s.10 Goods to be fit for Particular purpose. s. 11 Goods to be as described
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s.9 Good to be of satisfactory quality
the quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory- description of the goods, the price, statement made by the trader. Quality- purpose, finish, durability, freedom from minor defects.
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s.10 Goods to be fit for purpose
applies were the consumer makes known to the trader any particular purpose for which the consumer is contacting for the good. Goods are reasonable fit for that purpose regardless if that is a purpose for which the good is usually supplied for.
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s.11 Goods to be as described
to supply goods by description is to be treated as a term that the goods will match the description.
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Remedies for the breach of a term implied into a contract to supply goods.
s.20 (short term right to reject). s.23 (right to repair or replace). s23 (right to a price reduction or final right to reject).
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s.19 Proof
where fault is discovered within 6 months of delivery go goods, presumption that fault present at delivery, rebuttable by trader.. Where fault discovered more than 6 months after delivery of good, consumer must prove fault present at delivery.
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s.20- shot term right to reject
consumer has a short term right to reject, normally 30 days, from the purchase and/or delivery of the good to a consumer. trader must provide a full refund within 14 days of notice of rejection.
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s.23- right to repair or replacement
if the consumer has the right to repair for a replacement of the goods, the trader must do so within a reasonable time without significant inconvenience to the costume, at the traders cost. if impossible that consumer can insist.
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s24- right to a price reduction or a final right to reject
reduce, by a appropriate amount, the price the consumer paid - goods received, or to receive a refund from the trader for any money paid by the consumer
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Terms implied into a contract to supply services
s.49 ( reasonable care and skill) and s.52 (performance within a reasonable time).
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s.46- reasonable care and skill
every contract to supple a service includes a term that the trader must preform the service with reasonable care and skill. Price and nature of trader can be taken into account
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s.52- performance within reasonable time
where a contract to supple does not expressly fix a time for the service to be performed, the contract is to treated as including a term that the service is to be performed within a reasonable time (question of fact)
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Remedies for breach of a term implied into a contract to supply services
s.55 (Right to repeat performance), s 56 (right to price reduction)
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s.55 Right to repeat performance
to achieve conformity with the contract, unless completing/ repeating performance is impossible. Trader must repeat performance within reasonable, without significant inconvenience, at their expense.
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s.56- Right to a price reduction
(breach of terms and repeat performance is impossible), consumer may claim a reduction in price up to the full amount paid, trader must pay refund within 14 days
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Card 2

Front

Trader

Back

a person acting for purposes relating to that person’s trade, business, craft or profession

Card 3

Front

Consumer

Back

Preview of the front of card 3

Card 4

Front

Goods

Back

Preview of the front of card 4

Card 5

Front

Terms implied into a contract to supply goods

Back

Preview of the front of card 5
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