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Consumer Rights Act 2015 - Coggle Diagram
Consumer Rights Act 2015
Goods:
- Appearance and finish of goods
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- Freedom form minor defects
- Fit for purpose/durability
Excludes:section31
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where the goods have been examined, and damage would have been accounted for
Rogers v Parish (Scarborough) Ltd
- reasonable expectations of a buyer of second hand goods, will not be identical with expectations of new goods
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Section 10:
- Fitness for a particular purpose
- Relevant when the consumer makes purpose of the product apparent to trader before acceptance
- Implied term that good should be fit for purpose, if buyer relies on judgment of the trader, after discussing purpose
Baldry v Marshall
- purpose was indicated to trader, and ignored
Grant v Australian Knitting Mills Ltd
- not necessary for purpose to be indicated, when it is its normal use
Griffiths v Peter Conway Ltd
- if specific purpose is not indicated to trader, there is no breach
- Every description of goods is a term in a contract
- Consumer Contracts Regulations 2013, when reference to a model the product must match
- Information must be included in statutory information
Re Moore and Co
- consumer can reject goods if they do not match the description
Beale v Taylor
- Even if description is not completely false, still a breach
Remedies for goods:
Section 20:
- Short term right to reject
- Must be exercised within 30 days of delivery
- Shortened time if goods are perishable
- This right must be clear to the consumer
- Refund must be given within 14 days of trader agreeing to the refund
- Refund must be given via same method of payment it was paid for with
- Refund must not include any fees
- Replacement has to be identical to original product
- Replacement may be impossible
- This right must be clear to the consumer
- Needs to be done in a reasonable time/ without inconvenience to the consumer
- Consumer cannot demand either if it is disproportionate to other remedies
- Fault must have been present on day of original delivery
Section 24:
- price reduction or final right to reject
- Trader only has one attempt to repair/replace before consumer is entitled to this
- If product is used, refund can be deducted
Section 19 (14) and (15)
- If breach arises in first 6 months, it is presumed damage was present when it arrived, unless trader can prove otherwise
Supply Services:
Section 49:
- Reasonable care and skill
- Services need to be carried out with reasonable care and skill
- Equivalent to standard of care in tort of negligence
Theace v Maurice
- If there are flukes in service but was completed by reasonable care and skill, claim is unsuccessful
Wilson v Best Travel
- Have to meet the local safety standards
- Relevant to the Supply of Goods and Services Act 1982
- Applies when the contract does not have a term related to time, what is reasonable depends on circumstance
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