consumer rights

Question 1

S9

Answer 1

SATISFACTORY QUALITY:

• where goods meet the standards that a reasonable person would consider satisfactory, if brought to the consumers attention or the consumer inspected it they cannot claim
• take account of any description of goods, appearance and finish, freedom from minor defects, safety and durability

Question 2

S9- rogers v parish KLP

Answer 2

as long as fault occurred within six months usually assumed the faults had been there once purchased

Question 3

S10

Answer 3

• FITNESS FOR PURPOSE:
• good to be fit for a particular purpose
• requested by the consumer first

Question 4

S10- Baldey v Marshell

Answer 4

KLP- no need to state a purpose where goods are being bought for their normal use

Question 5

S11

Answer 5

• GOODS MUST MATCH DESCRIPTION GIVEN BY SELLER

- beale v taylor

Question 6

S20 remedy

Answer 6

• SHORT TERM RIGHT TO REJECT
• only available within 30 days of delivery of goods but obviously shorter for specific goods such as fruits
• refund given within 14 days using the same payment as consumer used
• must be made clear to the trader by consumer

Question 7

S23 remedy

Answer 7

REPAIR OR REPLACEMENT

• can only do this once
• a trader must do this within a reasonable time without inconvenience to consumer and bear any necessary costs

Question 8

S24 remedy

Answer 8

REDUCTION OR REJECTION

-if it is a unique product then you skip S20 and S23

Question 9

S31

Answer 9

A trader cannot exclude liability for S9, S10, S11

Question 10

s49 reasonable care and skill

Answer 10

Thake v Maurice

• had five children already so husband was getting a vasectomy but wife became pregnant again, couldn’t claim as doctor demonstrated a level of care and skill of a reasonable surgeon
• KLP, standard of reasonable care and skill would be judged objectively on a case-by-case being so reasonable plumber doctor et cetera

Question 11

s52 performance within a reasonable time

Answer 11

A service has to be performed within a reasonable time and the contract is not expressly fix the time for the service to be performed and does not say how to be fixed
-Time is of the essence so huge emphasis will be on time

Question 12

s55

Answer 12

right to repeat performance, Within a reasonable time without significant inconvenience to consumer

Question 13

s56 right to price reduction

Answer 13

1. right to a price reduction is the right to require trader to reduce price by an appropriate amount
2. Can be the full amount where appropriate

Question 14

s57 and s65

Answer 14

57- trader cannot exclude liability for sections 49-52

65- Cannot exclude liability for death of personal injury resulting from negligence

Question 15

goods and services

Answer 15

goods- s9-11, s20-24

services- s49-52, s55-56