Buyer B2C Remedies Flashcards
What main piece of legislation lays out main B2C remedies available to buyers?
s19(3) CRA
A. short time right to reject
b. right to repair / replacement
c. right to price reduction / final right
What must the consumer do if they intend to reject the goods? law?
s20(5) CRA
consumer must indicate to trader that they reject the goods AND
are treating the contract as an end
Which laws concern short term right to reject? (5)
s22(1) - rejection period expires
s22(2) - cannot contract out of short term right
s22(3) - end of 30 days
s22(6) - rejection period suspended when agree to r/r
s22(7) - r / r goods do not conform - extended 7 days
when does c lose short term right to reject? law?
when rejection period has expired - s22(1)
How long is Cs rejection period? Law?
the end of 30 days - s22(3)
When is the rejection period suspended / extended? Law?
where c requests / agrees to repair - s22(6)
where goods supplied by trader in response to repair / replacement request, do not conform with contract, extended by 7 days after waiting period - s22(7)
Can a short term right to reject be contracted out of? Law?
no - s22(2)
Which laws concern repair / replacement?
s23(2) CRA - right to r /r
s23(3) CRA - traders refuse to repair if disproportionate
s23(8) CRA - repair = making goods conform
What is the main law stating that c has right to repair / replacement?
s. 23(2) CRA
When can a trader refuse to repair? Law?
s23(3) - where repair / replace disproportionate to other remedies
What does repair mean? Law?
s 23 (8) - repair means making goods conform
When can the final right to reject / price reduction take place? Law?
s24 (5)
only when…
(a) 1st repair / replacement doesn’t conform
In what situation can a consumers refund be reduced? Law?
In what situation can a consumers refund not be reduced?
s24 (8) - where the consumer has used goods since delivery
s24(10) - if C made final right to reject within first 6 months
what is the right to a price reduction? Law?
s24 (1)(a) - trader reduces price by appropriate amount
s24(1)(b) - c receives refund from trader for anything already paid
