Terms implied into a consumer contract by the Consumer Rights Act 2015 — common mistakes

In problem questions, always identify the parties first to establish if it is a B2C contract, thus bringing the CRA 2015 into play. Then, methodically apply the relevant sections (s.9, s.10, s.11) to the facts. For example, if a laptop is slow, it's a s.9 'satisfactory quality' issue. If the consumer said they needed it for high-end video editing and it can't cope, it's a s.10 'fitness for purpose' issue. If it was advertised with 16GB of RAM but only has 8GB, it's a s.11 'as described' issue. Stating the specific section number demonstrates precise legal knowledge.

Yes, potentially. While s.9(2) states that price is a key factor in determining what is 'satisfactory', it does not eliminate the right. A very cheap item is not expected to have the same durability or finish as an expensive one, but it must still be functional for its common purpose for a reasonable period. For example, a £5 kettle should still boil water safely, even if it lacks premium features. The key is what a reasonable person would expect at that price point. If it breaks after two uses, it is likely not of satisfactory quality.

No. The CRA 2015 only applies to contracts between a 'trader' (a business) and a 'consumer' (an individual). A private sale between two individuals is a consumer-to-consumer (C2C) transaction and is not covered by the Act. In such cases, the principle of caveat emptor ('let the buyer beware') largely applies. The buyer's rights are very limited, usually only that the seller had the legal right to sell the goods and that the goods match their description (under the Sale of Goods Act 1979). The key protections for quality and fitness under the CRA 2015 do not apply.

Section 9 concerns the general, objective quality of the goods for all their common purposes. For example, a waterproof coat should be waterproof under normal conditions. Section 10 is more specific and applies when a consumer has a particular, perhaps unusual, purpose in mind and communicates this to the trader, relying on their expertise. For example, if a consumer asks a trader for a coat suitable for a specific polar expedition, they are invoking s.10. The coat must then be fit for that specific purpose, which is a potentially higher standard than just being a normal waterproof coat for everyday use.