9084 · 3.2.2
Terms implied into a consumer contract by the Consumer Rights Act 2015 flashcards
Revision flashcards for Cambridge 9084 Terms implied into a consumer contract by the Consumer Rights Act 2015 (syllabus 3.2.2). Flip, recall, then mark a real past-paper question.
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CRA 2015 applies when?
Business-to-**consumer** contracts for goods, services, and digital content — replaces much of SGA 1979 for consumers.
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Satisfactory quality (s9)?
Goods must meet standard a reasonable person would regard as satisfactory — considering description, price, and other circumstances.
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Fitness for purpose (s10)?
Goods must be fit for purpose consumer makes known to trader — express or implied.
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Services standard (s49)?
Service performed with **reasonable care and skill**; if price/time not agreed, reasonable price within reasonable time.
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Short-term right to reject?
Consumer may reject within **30 days** if goods do not conform — full refund (s20–22).
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Repair or replacement?
After 30 days or if consumer chooses — trader must repair or replace; if impossible, price reduction or final right to reject.
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What is the standard for 'satisfactory quality' under s.9 CRA 2015?
The standard of what a reasonable person would regard as satisfactory, considering the price, description, and all other relevant circumstances. Key factors include fitness for common purposes, appearance, safety, and durability.
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When does the implied term of 'fitness for a particular purpose' (s.10 CRA 2015) apply?
It applies when the consumer makes a specific purpose known to the trader (expressly or by implication) and relies on the trader's skill or judgement to provide suitable goods for that purpose.
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Define 'consumer' and 'trader' under the CRA 2015.
A 'consumer' is an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession. A 'trader' is a person acting for purposes relating to their trade, business, craft, or profession.
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What does s.11 CRA 2015 require regarding the description of goods?
It implies a term that where goods are supplied by description, the goods must correspond with that description. This is a strict liability term, meaning any deviation is a breach.
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What are the three key implied terms for digital content under the CRA 2015?
Section 34 (to be of satisfactory quality), Section 35 (to be fit for a particular purpose), and Section 36 (to be as described).
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What are the 'first-tier' remedies for faulty goods under s.23 CRA 2015?
The right to one repair or one replacement of the non-conforming goods. This is the default remedy after the 30-day short-term right to reject has passed.
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When can a consumer access 'second-tier' remedies under s.24 CRA 2015?
After one failed repair/replacement, or if repair/replacement is impossible or not done in a reasonable time. The remedies are a price reduction or the final right to reject.
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What is the 'final right to reject'?
A right to a full refund for non-conforming goods, available under s.24. If exercised after 6 months, the trader can make a deduction from the refund to account for the use the consumer has had of the goods.