100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Consumer rights act 2015 $4.51
Add to cart

Class notes

Consumer rights act 2015

 245 views  0 purchase
  • Course
  • Institution

Full Contract law lecture notes, with cases, case descriptions, current law and everything that could be on the exam.

Preview 1 out of 5  pages

  • April 26, 2016
  • 5
  • 2015/2016
  • Class notes
  • Unknown
  • Contract
avatar-seller
Consumer Rights Act 2015 (October 2015 – textbooks will be out
of date)

EU Directive – to be implemented by national legislatures

1) What contracts are covered
- S.68 is it plain/intelligible language?
- S.61 need a contract between a trader and a consumer (s.61(1))
Key definitions in section2 in the act:

(2) “Trader” means a person acting for purposes relating to that person’s trade, business, craft or
profession, whether acting personally or through another person acting in the trader’s name or on the
trader’s behalf.

(3) “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s
trade, business, craft or profession.

- Broader scope (includes insurance contracts that UCTA excludes)
- Narrower scope – section 2 CRA 2015 – only applies to business (trader)
to consumer contracts (NOT business to business) (trader to consumer)
- ‘Consumer’ limited to individuals (‘natural persons’ excludes companies),
traders can be corporations or individuals
 Small businesses/universities/charities cannot be charities

2) Clauses covered
- No restriction to exclusion/limitation clauses (unlike UCTA)
- Any contractual provision can be challenged
- An unfair term towards a consumer is not binding – clause is subject to
regulation unless it is excluded by the statute
- DOES NOT COVER ‘core issues’, but these can be challenged if the term
is not ‘transparent (understandable) or prominent (seen clearly in the
contract)’
- Consumer Rights much broader than UCTA

Core Issues
- S. 64(1): SEE HANDOUT
- Can you challenge selling the wrong thing, eg: a blue car instead of a red
car
- Can you challenge whether it is good value for money?
 Both = no, parliament have not allowed the courts to do this
 Designed to protect market from over-regulation: E Brandner and P
Ulmer, (1991) 28 Common Market Law Review 647, 656. –
capitalism should be as unregulated as possible – it is not for the
courts to intervene in

Not a UK domestic law concept, but familiar in some civil law jurisdictions
(Germany).

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller lilyorr. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $4.51. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$4.51
  • (0)
Add to cart
Added