Essay Sample on Consumer Rights Act 2015: Impact on Consumer-Business Relations

Introduction

The relationship between the consumer and the business owner was shaped in 2015 by the Consumer Rights Act (CRA) which was implemented on the 1st of October ("Consumer Rights Act 2015," n.d.). The essential piece of legislation has been scattered in distinct regulations and statutes, and it extends to the rights of consumers in radical and particular ways. The Act entails the practices of the seller towards the buyer, and the consumer rights of redress. Every consumer that faces business is affected by the procedures and policies of the Consumer Rights Act 2015 ("Consumer Rights Act 2015," n.d.). The case study provided indicates a trader, departmental stores, the seller, Sarah and Mr John, who is the buyer. The consumer, Mr John, is the individual that receives a good, the television set, and benefits from the seller personally and for their work. The trader, the departmental store, acts for the purposes related to the business, through the manager Sarah who acts in the trader's behalf. The case study suggests that there is an issue with Mr John's television that the traders do not seem to be willing to address. This essay outlines the rights of Mr John as explained in the Consumer Rights Act 2015 when he bought the TV set.

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Legal Rules on Implied Terms Relating to the Sale of Goods and Supply of Services

The Consumer Rights Act 2015, outlines rules that relate to the supply of goods to consumers ("Consumer Rights Act 2015," n.d.). In the Act, one set of laws is applicable to all contracts where there is a supply of goods, either through selling, hiring, hire purchase or material agreements. The Act answers questions to obligations of traders to their consumers. When a consumer, in this case, Mr John, bought the television set from the departmental store, they entered into a contract ("Claim using a warranty or guarantee - Citizens Advice," n.d.). This was an agreement signed between two parties, and the law establish particular standards for buyer contracts. While it is not necessary to write down a contract, detailing down important terms is vital to avoid future disputes. When a party fails to conform with the terms of a contract, they have breached the contract and hence have to correct it. Mr John was very impressed by the television set and decided to purchase it, and within three weeks of installation, the set had puffs of smoke. Yet, according to the manager, the television set was durable and of good quality. Mr John and the departmental store are under an agreement since there are vital aspects of a sale of a good contract including; an offer was made by Mr to the departmental store, which accepted it. Mr John had intentions of purchasing a TV set, and the store's plans were to sell the TV set. Both Mr John and the manager are under capacity. Hence, a contract has been established between them, and Mr John has rights to damage claim against the departmental store, as stated under sections 12 and 15 ("Claim using a warranty or guarantee - Citizens Advice," n.d.).

Under the Consumer Rights Act, Mr John has a right to particular standards to each sale transaction of and supply of goods and services, including hire purchase, hire, contracts for work and materials and part exchange ("Consumer Rights Act 2015," n.d.). The departmental store must deliver goods that are of satisfactory quality. The TV sets must be standard in a way that any reasonable person can regard them as satisfying. Assessment of quality considers all relevant circumstances, including manufacturers advertising, price and description. Quality of a device includes safety, durability and fitness, that is the reason for which products of the kind are supplied, and lack of or minor defects. Quality also entails appearance and finish, and freedom to minor flaws. When a consumer has indicated that the products are needed for a specific purpose, and the sellerr supplies the products to cater for the intended use, the goods must achieve the specified purpose. When a buyer also relies on the description provided by the trader, or the sample display model, then the supplied equipment must meet the details given. Failure to comply means that the trader has committed an offence. The correct installation has to be agreed as part of the contract.

When there is a defect in quality of a digital set delivered by the trader, the consumer who wants a repair or replacement has certain rights, including that the trader must do so within an agreed time and without any inconveniences to the customer, and should incur any necessary prices, including the fees of labour, posting and material costs. Under the Consumer Rights Act, Mr John has the right to reject the TV set since it is not of satisfactory quality, it failed to meet its purpose as indicated and should get an entire refund since the TV set developed a fault within 30 days after purchase ("Consumer Rights Act 2015," n.d.). The right to a refund is a limit of 30 days from the date that an individual obtains ownership of a product. Still, after 30 days, a person is not lawfully entitled for a full refund if the item develops a fault, even though some traders opt to extend the period ("Consumer Rights Act 2015," n.d.). In the case of Mr John, the TV set's description was; "durable, very high quality and good value for money", and since it is clear that it failed to meet the set standards, and yet the stores contractual document was clear on not taking any action for the disfuctioning of equipment after supplly and installation; the consumer rights act mentions that any individual, including John, can still cancel this contractual agreement within the first 45 days and can get a partial refund, amount depending on how long a warranty was taken out ("Consumer Rights Act 2015," n.d.). After Jon makes a claim, he can cancel the warranty. If it becomes impossible for John's TV set to be repaired or replaced, then he has the rights for a price deduction.

Mr John discovered the fault within 30 days and before six months were over, meaning that the defect existed in the TV set from the time he became the owner of it unless the seller can provide a different proof. Proving that the fault never existed is the responsibility of the departmental store, and not of Mr John ("Consumer Rights Act 2015," n.d.). The terms set by the departmental store of not taking responsibility for a faulty product after installation and purchase are unfair terms, which Mr John can challenge. While companies are allowed to utilize any conditions and contractual terms that they find reasonable, the terms cannot be unfair to the customer. The Consumer Rights At states that a customer is not under any binding to a specific clause in an agreement if the trader or seller is ascertained to be unjust. Mr John can rightfully challenge the contract term if he thinks it is unjust, and the court will decide if it is indeed unfair. Unfair terms include conditions which cause a lack of balance between the rights of the retailer and the consumer to the detriment of the buyer, and those that contradict with the requirements of good faith, suggesting that they must be negotiated, signed, and entered into with the customer fairly and openly. The contractual agreement set by the departmental store is a standard term and condition set by the seller; hence Mr John can challenge; this is because the terms were not negotiated. Consequently, Mr John, after following all the provisions of the Consumer Right Act 2015, under sections 13, 14 and 15, should expect the seller to repair the damage in time with no costs to Mr John, or some compensation and payment within the first 14 days from the moment the trader agrees to compensate Mr John for damages ("Consumer Rights Act 2015," n.d.).

Statutory Provisions on the Transfer of Property and Possession

Provisions by the State that are linked to the transfer of property and its possession are given under the section 21 to 28 of the Act on property transfer and duties of the seller ("Consumer Rights Act 2015," n.d.). These sections a suggested term that the seller has the right to sell the products, and that many consequences come with the passing of property including; once the property has been passed to the buyer, he has a good title to it, in case the trader becomes insolvent when the seller still possesses the goods. In case the goods are delivered in relation to any of the reservations of the property clause or title, the trader might obtain a good title of the products once the customer gets insolvent; the right to sue a business for damages is dependant on the owner of the property at that time, and the risk of damages passes when the property passes. In the case of Mr John, can get help from section 23 that ascertains that all risk that is associated to the products is with the trader and that the television set was damaged even when the seller was in its ownership ("Consumer Rights Act 2015," n.d.).

Statutory Provisions on Buyer's and Seller's Remedies in Sale of Goods Contracts

Remedies to the buyer include; the consumer is given additional rights under 28 where goods that do not oblige to the sale contract during delivery and within six months of purchase ("Consumer Rights Act 2015," n.d.). Section 23 offers provision that a buyer can require a seller to make a replacement and repair their goods at their expense. Section 24(1) ascertains that a seller can make a price reduction if they are unable to make repair or replacement when it is disproportionate to do so. Section 24(5) the buyer can return the goods, and the traderr can give back the purchase price, through placing the parties in a sale contract on a pre-contractual state ("Consumer Rights Act 2015," n.d.).

Remedies to the seller include; under section 24, a seller is unpaid if a cheque is not honoured or when the price of a good is not paid ("Consumer Rights Act 2015," n.d.). A seller can act against the buyer in faults for not accepting the goods and can retain and re-trade goods per the sales act limit. The seller who has not received payment has a lien on the products and has the right to keep products for the cost when he is still in possession, and if the buyer has become insolvent, then the trader can stop the goods in transit when he parts with ownership of the goods ("Consumer Rights Act 2015," n.d.).

Product Liability Statutory Provisions for Faulty Goods

The seller of products owes a duty of care towards the consumer, in case of faults so that the consumer does not suffer any damages. A defective product is one that fails to be sustained to the terms of the product as specified in the characteristics of contract law, and when the good portrays danger to the individual or their belongings given under section 46 of the Consumer Right Act 2015 ("Consumer Rights Act 2015," n.d.). The television set was dangerous to the household of Mr John and other electronic devices through the way it produced smoke, meaning that it could cause injury and that the seller did not cater for all provisions. Mr John's case of the faulty television set indicates that the seller is set to avoid their liability for a faulty good based on the exclusion clause that is unjust under the unfair terms in the consumer contracts in section 61 ("Consumer Rights Act 2015," n.d.). The clause fails to include any liability of the good, and the good was found faulty within six months of purchase. Concerning the sales of products act, the seller should repair and replace the damaged television set on their own expense.

Conclusion

Too few individuals are aware of their rights and getting a refund or repair for an item is tough without knowledge on what the law implies. Different laws exist about the sale of goods, consumer credits and transfer of property. The...