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MAN 2108 UON Guildford Business and Consumer Advice Services Paper

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MAN2108/31 pages/LSA Semr2
2020
UNIVERSITY OF SURREY
Faculty of Arts & Social Sciences Surrey Business School
Undergraduate Programmes in Business & Retail Management; Business Management; International
Business Management; International Hospitality Management; International Hospitality & Tourism
Management; Tourism Management; Computing & Information Technology.
MAN2108: 15 Credits
BUSINESS LAW
Level FHEQ5 Alternative Assessment (Late Summer Assessment Period)
(Year 2)
Semester 2: 2020
Assignment Information
• Assignment Title: ‘Guildford Business and Consumer Advice Services’.
• Assignment weighting: 50%.
• Type: Individual Coursework Assignment – Total Word Count: 2100 Words.
• 3 Mandatory Questions. Each Question 700 Words Maximum Word Count.
(Note scripts submitted over the 700-word count per question will be penalised).
• This is a Case Study Assessment
• All questions carry equal marks.
• You must answer all questions for three (3) questions.
• Deadline date: 4:00pm on Monday 24th August 2020.
• Submission method: Via SurreyLearn.
• Feedback method: Via SurreyLearn.
Additional Materials:
Case Study and Relevant Statutory Provisions
Reproduced sections of the following acts are attached to thispaper:
• Consumer Protection Act 1987: Sections 2, 3, 4 and5
• Employment Rights Act 1996: Sections 95, 98, 118, 119, 123 and 124
• Equality Act 2010: Sections 11, 13, 26, 39, 40 and 124
• Consumer Rights Act 2015: Sections 9, 10, 11, 13, 14, 15, 17, 19-24, 49, 50, 54, 57,62-69
© Please note that this exam paper is copyright of the University of Surrey and may not be reproduced, republished or redistributed
without written permission.
MAN2108/31 pages/LSA Semr2
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You have secured a role as a volunteer with the ‘Guildford Business and Consumer Advice
Services’ (GBCAS), which is a charitable general advice service staffed by tutors and students
from surrounding Higher Educational establishments.
The role of GBCAS is to provide legal support and other advice, free of charge, to both the public
and local businesses.
As a volunteer, your role is to undertake research on the cases detailed below, so as to provide
the appropriate legal advice to GBCAS.
Casework Question 01
Peter owns a specialised farm and produce shop in Farnham. The shop stocks and sells his own
homemade ‘Beef and Ale’ pies and a wide variety of speciality desserts which he purchases from
‘Snappy Dinners’, a local food producer based in Surrey.
Peter sold one of his own homemade ‘Beef and Ale’ pies to Veronica and a number of desserts to
another customer, Martin.
Veronica ate the homemade ‘Beef and Ale’ pie and became ill with food poisoning. Whilst
Veronica made a full recovery, her illness lasted on and off for four weeks. Veronica who is selfemployed, manages and operates a local bookshop. She was unable to work for three weeks and
lost her income as a result of being unwell.
Martin invited several friends over to dinner and served the desserts purchased from Peter as part
of the meal.
Unfortunately, Martin and his friends became ill after eating the desserts. On closer inspection, the
desserts contained fragments of decomposed beef.
Veronica and Martin are considering legal action against Peter and have approached GBCAS for
any legal remedy that might be available with regards to their purchases.
Casework Question 02
‘Sleek Furniture Designs of Guildford Limited’ is a locally established company which
manufactures bespoke household furniture and equipment and provides a full interior design
service for customers.
Phoebe and Daniel Featherstone contacted the company after reading a news article about the
company within the ‘Surrey Western News’.
Phoebe and Daniel called in at the showrooms and asked for a sales representative to visit their
home to take a look at the existing dining room and to design a new guest bedroom furniture for
them.
A meeting was arranged with James a sales representative and designer to take place at Phoebe
and Daniel’s home on Friday 1st May 2020.
After some discussion with James, Phoebe and Daniel were satisfied with the design suggestions
made and that ‘Sleek Furniture Designs of Guildford Limited’ should supply the bespoke furniture,
namely a new ‘Sleek Furniture Designs of Guildford Limited Wardrobe’ for the bedroom and
bespoke set of 6 Chairs’ for the dining room.
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It was further agreed that couple would purchase a ‘Sleek Furniture Designs of Guildford Limited
Indoor Electric Log Burner’.
Phoebe was keen to point out that the new wardrobe and 6 chairs would need to be very durable
given the amount of usage they were likely to have. In addition, each chair must have fabric
capable of being hand washed without being damaged.
James assured her that the fabric would cope with being hand washed and without being
damaged.
The total cost of the dining room furniture and bedroom unit was £2,300, however Phoebe stated
that she wanted the ‘Sleek Furniture Designs of Guildford Limited Music Indoor Electric Log
Burner’ delivered within the next few days and agreed to pay a further £1,300 cash for this item.
For the remainder of the sum it was agreed that Phoebe and Daniel should pay on delivery.
James accepted the order for all goods, all of which are sold under the Brand name of the
company.
The ‘Sleek Furniture Designs of Guildford Limited Indoor Electric Log Burner’ was delivered the
following day. However, when the appliance was switched on by Daniel, it immediately began to
smoke and left burn marks on the wall. Daniel also received burns to his hand from the equipment
when he switched the burner off.
To make matter worse, when the ‘Sleek Furniture Designs of Guildford Limited’ furniture arrived, it
soon became apparent that the fabric on the chairs could not be either hand or machine washed.
Phoebe and Daniel are now seeking advice from GBCAS as to what legal remedies may be
available to them.
Casework Question 03
‘Absolute Vegan Burgers of Guildford’ employs around 18 members of staff and delivers vegan
meals on order to the surrounding geographical area. As a consequence of increased demand by
customers, the delivery drivers have been under increased pressure to deliver more food within
clearly defined times.
Benjamin has worked for ‘Absolute Vegan Burgers of Guildford’ as a food delivery driver for the
past two years and has over the past four months been signed off sick for work related stress.
On each occasion he has provided the necessary medical fit notes to support his absence. Two
weeks ago, Michael Brown the Manager of ‘Absolute Vegan Burgers of Guildford’ held a meeting
with Benjamin to raise his concerns over capability, specifically in relation to his ability to meet the
required delivery time targets, whilst also addressing his recent levels of sickness. Whilst
Benjamin was apologetic regarding his performance, Michael decided to discipline Benjamin and
place him on a further probation period, giving him one month to change his approach to the job or
he would be summarily dismissed.
Last week Benjamin was involved in a road accident and fell off of his delivery scooter whilst trying
to meet the delivery targets and has now been signed off sick again by his doctor.
Benjamin believes that he is being placed under unwarranted pressure and is being bullied within
the workplace and is now seeking advice from GBCAS as to his legal position with his employer.
MAN2108/31 pages/LSA Semr2
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Tasks
Having completed your research on the above problems/casework, you are now required to
write a report addressing a legal resolve upon all three presented ‘Casework Questions’.
Your report on each of the cases should include the following:
a) An explanation of the applicable law, citing relevant statutory provisions andsupportive
case law.
b) An explanation of how the law and applicable legal principles applies in each particular
situation.
c) Advice on whether any legal action could be taken in relation to the case and an
assessment of the likely outcomes of the applied legal action.
d) IMPORTANTLY, each answer for ‘Casework Question 01, 02 and 03 must NOT
exceed 700 words, as each individual written answer has a maximum word
count of 700 words per question.
End of Alternative Assessment.
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Statutory Provisions
Please note that the sections of the Acts below reproduced from the various Statutes are provided in
order to avoid the necessity of students having to provide a copy of their own unmarked Statute book
for the purpose of the examination
Reproduced sections of the following acts are attached to this paper:
Consumer Protection Act 1987: Sections 2, 3, 4 and 5
Employment Rights Act 1996: Sections 95, 98, 118, 119, 123 and 124
Equality Act 2010: Sections 11, 13, 26, 39, 40 and 124
Consumer Rights Act 2015: Sections 9, 10, 11, 13, 14, 15, 17, 19-24, 49, 50, 54, 57, 62-69
Consumer Protection Act 1987 Sections 2, 3, 4, and 5
s.2 Liability for defective products
(1) Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every
person to whom subsection (2) below applies shall be liable for the damage.
(2) This subsection applies to—
(a) the producer of the product;
(b) any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the
product, has held himself out to be the producer of the product;
(c) any person who has imported the product into a member State from a place outside the member States in order, in the course
of any business of his, to supply it to another.
(3) Subject as aforesaid, where any damage is caused wholly or partly by a defect in a product, any person who supplied the
product (whether to the person who suffered the damage, to the producer of any product in which the product in question is
comprised or to any other person) shall be liable for the damage if—
(a) the person who suffered the damage requests the supplier to identify one or more of the persons (whether still in existence or
not) to whom subsection (2) above applies in relation to the product;
(b) that request is made within a reasonable period after the damage occurs and at a time when it is not reasonably practicable
for the person making the request to identify all those persons; and
(c) the supplier fails, within a reasonable period after receiving the request, either to comply with the request or to identify the
person who supplied the product to him.
(5) Where two or more persons are liable by virtue of this Part for the same damage, their liability shall be joint and several.
(6) This section shall be without prejudice to any liability arising otherwise than by virtue of this Part.
s.3 Meaning of “defect”
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(1) Subject to the following provisions of this section, there is a defect in a product for the purposes of this Part if the safety of the
product is not such as persons generally are entitled to expect; and for those purposes “safety”, in relation to a product, shall
include safety with respect to products comprised in that product and safety in the context of risks of damage to property, as well
as in the context of risks of death or personal injury.
(2) In determining for the purposes of subsection (1) above what persons generally are entitled to expect in relation to a product
all the circumstances shall be taken into account, including—
(a) the manner in which, and purposes for which, the product has been marketed, its get-up, the use of any mark in relation to the
product and any instructions for, or warnings with respect to, doing or refraining from doing anything with or in relation to the
product;
(b) what might reasonably be expected to be done with or in relation to the product; and
(c) the time when the product was supplied by its producer to another;
and nothing in this section shall require a defect to be inferred from the fact alone that the safety of a product which is supplied
after that time is greater than the safety of the product in question.
s.4 Defences
(1) In any civil proceedings by virtue of this Part against any person ( “the person proceeded against”) in respect of a defect in a
product it shall be a defence for him to show—
(a) that the defect is attributable to compliance with any requirement imposed by or under any enactment or with any
Community obligation; or
(b) that the person proceeded against did not at any time supply the product to another; or
(c) that the following conditions are satisfied, that is to say—
(i) that the only supply of the product to another by the person proceeded against was otherwise than in the course of a business
of that person’s; and
(ii) that section 2(2) above does not apply to that person or applies to him by virtue only of things done otherwise than with a view
to profit; or
(d) that the defect did not exist in the product at the relevant time; or
(e) that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same
description as the product in question might be expected to have discovered the defect if it had existed in his products while they
were under his control; or
(f) that the defect—
(i) constituted a defect in a product ( “the subsequent product”) in which the product in question had been comprised; and
(ii) was wholly attributable to the design of the subsequent product or to compliance by the producer of the product in question
with instructions given by the producer of the subsequent product.
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(2) In this section “the relevant time”, in relation to electricity, means the time at which it was generated, being a time before
it was transmitted or distributed, and in relation to any other product, means—
(a) if the person proceeded against is a person to whom subsection (2) of section 2 above applies in relation to the product, the
time when he supplied the product to another;
(b) if that subsection does not apply to that person in relation to the product, the time when the product was last supplied by a
person to whom that subsection does apply in relation to the product.
s.5 Damage giving rise to liability.
(1) Subject to the following provisions of this section, in this Part “damage” means death or personal injury or any loss of or
damage to any property (including land).
(2) A person shall not be liable under section 2 above in respect of any defect in a product for the loss of or any damage to the
product itself or for the loss of or any damage to the whole or any part of any product which has been supplied with the product in
question comprised in it.
(3) A person shall not be liable under section 2 above for any loss of or damage to any property which, at the time it is lost or
damaged, is not—
(a) of a description of property ordinarily intended for private use, occupation or consumption; and
(b) intended by the person suffering the loss or damage mainly for his own private use, occupation or consumption.
(4) No damages shall be awarded to any person by virtue of this Part in respect of any loss of or damage to any property if the
amount which would fall to be so awarded to that person, apart from this subsection and any liability for interest, does not exceed
£275.
(5) In determining for the purposes of this Part who has suffered any loss of or damage to property and when any such loss or
damage occurred, the loss or damage shall be regarded as having occurred at the earliest time at which a person with an interest
in the property had knowledge of the material facts about the loss or damage.
(6) For the purposes of subsection (5) above the material facts about any loss of or damage to any property are such facts about
the loss or damage as would lead a reasonable person with an interest in the property to consider the loss or damage sufficiently
serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a
judgment.
(7) For the purposes of subsection (5) above a person’s knowledge includes knowledge which he might reasonably have been
expected to acquire—
(a) from facts observable or ascertainable by him; or
(b) from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek;
but a person shall not be taken by virtue of this subsection to have knowledge of a fact ascertainable by him only with the help of
expert advice unless he has failed to take all reasonable steps to obtain (and, where appropriate, to act on) that advice.
(8)Subsections (5) to (7) above shall not extend to Scotland.
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Employment Rights Act 1996 Sections 95, 98, 118, 119, 123 and 124
s.95 Circumstances in which an employee is dismissed
(1) For the purposes of this Part an employee is dismissed by his employer if (and, subject to subsection (2)
(a) the contract under which he is employed is terminated by the employer (whether with or without notice),
(b) he is employed under a limited-term contract and that contract terminates by virtue of the limiting event without being
renewed under the same contract, or
(c) the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is
entitled to terminate it without notice by reason of the employer’s conduct.
(2) An employee shall be taken to be dismissed by his employer for the purposes of this Part if—
(a) the employer gives notice to the employee to terminate his contract of employment, and
(b) at a time within the period of that notice the employee gives notice to the employer to terminate the contract of employment
on a date earlier than the date on which the employer’s notice is due to expire;
and the reason for the dismissal is to be taken to be the reason for which the employer’s notice is given.
s.98 General
(1) In determining for the purposes of this Part whether the dismissal of an employee is fair or unfair, it is for the employer to
show—
(a) the reason (or, if more than one, the principal reason) for the dismissal, and
(b) that it is either a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal
of an employee holding the position which the employee held.
(2) A reason falls within this subsection if it—
(a) relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the
employer to do,
(b) relates to the conduct of the employee,
(c) is that the employee was redundant, or
(d) is that the employee could not continue to work in the position which he held without contravention (either on his part or on
that of his employer) of a duty or restriction imposed by or under an enactment.
(3) In subsection (2)(a)—
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(a) “capability”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other
physical or mental quality, and
(b) “qualifications”, in relation to an employee, means any degree, diploma or other academic, technical or professional
qualification relevant to the position which he held.
(4) In any other case where the employer has fulfilled the requirements of subsection (1), the determination of the question
whether the dismissal is fair or unfair (having regard to the reason shown by the employer)—
(a) depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the
employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and
(b )shall be determined in accordance with equity and the substantial merits of the case.
s.118 General
(1) Where a tribunal makes an award of compensation for unfair dismissal …………the award shall consist of—
(a) a basic award (calculated in accordance with sections 119 to 122 and 126), and
(b) a compensatory award (calculated in accordance with sections 123, 124, 124A and 126).
s.119 Basic award
(1) Subject to the provisions of this section, sections 120 to 122 and section 126, the amount of the basic award shall be calculated
by—
(a) determining the period, ending with the effective date of termination, during which the employee has been continuously
employed,
(b) reckoning backwards from the end of that period the number of years of employment falling within that period, and
(c) allowing the appropriate amount for each of those years of employment.
(2) In subsection (1)(c) “the appropriate amount” means—
(a) one and a half weeks’ pay for a year of employment in which the employee was not below the age of forty-one,
(b) one week’s pay for a year of employment (not within paragraph (a)) in which he was not below the age of twenty-two, and
(c) half a week’s pay for a year of employment not within paragraph (a) or (b).
(3) Where twenty years of employment have been reckoned under subsection (1), no account shall be taken under that subsection
of any year of employment earlier than those twenty years.
s.123 Compensatory award
(1) Subject to the provisions of this section and sections 124 124A and 126 , the amount of the compensatory award shall be such
amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the complainant
in consequence of the dismissal in so far as that loss is attributable to action taken by the employer.
(2) The loss referred to in subsection (1) shall be taken to include—
(a) any expenses reasonably incurred by the complainant in consequence of the dismissal, and
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(b) subject to subsection (3), loss of any benefit which he might reasonably be expected to have had but for the dismissal.
(3) The loss referred to in subsection (1) shall be taken to include in respect of any loss of—
(a) any entitlement or potential entitlement to a payment on account of dismissal by reason of redundancy (whether in pursuance
of Part XI or otherwise), or
(b) any expectation of such a payment,
only the loss referable to the amount (if any) by which the amount of that payment would have exceeded the amount of a basic
award (apart from any reduction under section 122) in respect of the same dismissal.(4)In ascertaining the loss referred to in
subsection (1) the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages
recoverable under the common law of England and Wales or (as the case may be) Scotland.
(5) In determining, for the purposes of subsection (1), how far any loss sustained by the complainant was attributable to action
taken by the employer, no account shall be taken of any pressure which by—
(a) calling, organising, procuring or financing a strike or other industrial action, or
(b) threatening to do so, was exercised on the employer to dismiss the employee; and that question shall be determined as if no
such pressure had been exercised.(6)Where the tribunal finds that the dismissal was to any extent caused or contributed to by any
action of the complainant, it shall reduce the amount of the compensatory award by such proportion as it considers just and
equitable having regard to that finding.
(7) If the amount of any payment made by the employer to the employee on the ground that the dismissal was by reason of
redundancy (whether in pursuance of Part XI or otherwise) exceeds the amount of the basic award which would be payable but for
section 122(4), that excess goes to reduce the amount of the compensatory award.
(8) Where the amount of the compensatory award falls to be calculated for the purposes of an award under section 117(3)(a),
there shall be deducted from the compensatory award any award made under section 112(5) at the time of the order under
section 113.
s.124 Limit of compensatory award etc.
(1) The amount of—
(a) any compensation awarded to a person under section 117(1) and (2), or
(b) a compensatory award to a person calculated in accordance with section 123,
shall not exceed £68,400.
Equality Act 2010 Sections 11, 13, 26, 39, 40 and 124
s.11 Sex Discrimination
In relation to the protected characteristic of sex—
(a) a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;
(b) a reference to persons who share a protected characteristic is a reference to persons of the same sex.
s.13 Direct discrimination
(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats
or would treat others.
(2) If the protected characteristic is age, A does not discriminate against B if A can show A’s treatment of B to be a proportionate
means of achieving a legitimate aim.
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(3) If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A
treats or would treat disabled persons more favourably than A treats B.
(4) If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if
the treatment is because it is B who is married or a civil partner.
(5) If the protected characteristic is race, less favourable treatment includes segregating B from others.
(6) If the protected characteristic is sex—
(a) less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;
(b) in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy
or childbirth.
(7) Subsection (6)(a) does not apply for the purposes of Part 5 (work).
(8) This section is subject to sections 17(6) and 18(7).
s.26 Harassment
(1) A person (A) harasses another (B) if—
(a) A engages in unwanted conduct related to a relevant protected characteristic, and
(b) the conduct has the purpose or effect of—
(i) violating B’s dignity, or
(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(2) A also harasses B if—
(a) A engages in unwanted conduct of a sexual nature, and
(b) the conduct has the purpose or effect referred to in subsection (1)(b).
(3) A also harasses B if—
(a) A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,
(b) the conduct has the purpose or effect referred to in subsection (1)(b), and
(c) because of B’s rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or
submitted to the conduct.
(4) In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—
(a) the perception of B;
(b) the other circumstances of the case;
(c) whether it is reasonable for the conduct to have that effect.
(5) The relevant protected characteristics are—
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• age;
• disability;
• gender reassignment;
• race;
• religion or belief;
• sex;
• sexual orientation.
s.39 Employees and applicants
(1) An employer (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding to whom to offer employment;
(b) as to the terms on which A offers B employment;
(c) by not offering B employment.
(2) An employer (A) must not discriminate against an employee of A’s (B)—(a)as to B’s terms of employment;
(b) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving
any other benefit, facility or service;
(c) by dismissing B;
(d) by subjecting B to any other detriment.
(3) An employer (A) must not victimise a person (B)—
(a) in the arrangements A makes for deciding to whom to offer employment;
(b) as to the terms on which A offers B employment;
(c) by not offering B employment.
(4) An employer (A) must not victimise an employee of A’s (B)—
(a) as to B’s terms of employment;
(b) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for any other
benefit, facility or service;
(c) by dismissing B;
(d) by subjecting B to any other detriment.
(5) A duty to make reasonable adjustments applies to an employer.
(6) Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—
(a) unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or
(b) if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of
subsection (1)(b) by virtue of section 13, 14 or 18.
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(7) In subsections (2)(c) and (4)(c), the reference to dismissing B includes a reference to the termination of B’s employment—
(a) by the expiry of a period (including a period expiring by reference to an event or circumstance);
(b) by an act of B’s (including giving notice) in circumstances such that B is entitled, because of A’s conduct, to terminate the
employment without notice.
(8) Subsection (7)(a) does not apply if, immediately after the termination, the employment is renewed on the same terms.
s.40 Employees and applicants: harassment
(1) An employer (A) must not, in relation to employment by A, harass a person (B)—
(a) who is an employee of A’s;
(b) who has applied to A for employment.
(2) The circumstances in which A is to be treated as harassing B under subsection (1) include those where—
(a) a third party harasses B in the course of B’s employment, and
(b) A failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.
(3) Subsection (2) does not apply unless A knows that B has been harassed in the course of B’s employment on at least two other
occasions by a third party; and it does not matter whether the third party is the same or a different person on each occasion.
(4) A third party is a person other than—
(a) A, or
(b) an employee of A’s.
s.124 Remedies: general
(1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section
120(1).
(2) The tribunal may—
(a) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings
relate;
(b) order the respondent to pay compensation to the complainant;
(c) make an appropriate recommendation.
(3) An appropriate recommendation is a recommendation that within a specified period the respondent takes specified steps for
the purpose of obviating or reducing the adverse effect of any matter to which the proceedings relate—
(a) on the complainant;
(b) on any other person.
(4) Subsection (5) applies if the tribunal—
(a) finds that a contravention is established by virtue of section 19, but
(b) is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the complainant.
(5) It must not make an order under subsection (2)(b) unless it first considers whether to act under subsection (2)(a) or (c).
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(6) The amount of compensation which may be awarded under subsection (2)(b) corresponds to the amount which could be
awarded by a county court or the sheriff under section 119.
(7) If a respondent fails, without reasonable excuse, to comply with an appropriate recommendation in so far as it relates to the
complainant, the tribunal may—
(a) if an order was made under subsection (2)(b), increase the amount of compensation to be paid;
(b) if no such order was made, make one.
Consumer Right Act 2015 Sections 9, 10, 11, 13, 14, 15, 17, 19-24, 49, 50, 54, 57, 62-69
s.9 Goods to be of satisfactory quality
(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory..
(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking
account of—.
(a) any description of the goods,.
(b) the price or other consideration for the goods (if relevant), and.
(c) all the other relevant circumstances (see subsection (5))..
(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases
aspects of the quality of goods—.
(a) fitness for all the purposes for which goods of that kind are usually supplied;.
(b) appearance and finish;.
(c) freedom from minor defects;.
(d) safety;.
(e) durability..
(4) The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—.
(a) which is specifically drawn to the consumer’s attention before the contract is made,.
(b) where the consumer examines the goods before the contract is made, which that examination ought to reveal, or.
(c) in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the
sample..
(5) The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the
goods made by the trader, the producer or any representative of the trader or the producer..
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(6) That includes, in particular, any public statement made in advertising or labelling..
(7) But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—.
(a) when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
(b) before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which
was incorrect or misleading, it had been publicly corrected, or.
(c) the consumer’s decision to contract for the goods could not have been influenced by the statement..
(8) In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom..
(9) See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
s.10 Goods to be fit for particular purpose
(1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader
(expressly or by implication) any particular purpose for which the consumer is contracting for the goods..
(2)Subsection (3) also applies to a contract to supply goods if—.
(a) the goods were previously sold by a credit-broker to the trader,.
(b) in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments,
and.
(c) before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular
purpose for which the consumer is contracting for the goods..
(3) The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a
purpose for which goods of that kind are usually supplied..
(4) Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the
consumer to rely, on the skill or judgment of the trader or credit-broker..
(5) In a contract to supply goods a term about the fitness of the goods for a particular purpose may be treated as included as a
matter of custom..
(6) See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
s.11 Goods to be as described
(1) Every contract to supply goods by description is to be treated as including a term that the goods will match the description..
(2) If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods
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do not also match the description..
(3) A supply of goods is not prevented from being a supply by description just because—.
(a) the goods are exposed for supply, and.
(b) they are selected by the consumer..
(4) Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or
2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main
characteristics of goods) is to be treated as included as a term of the contract..
(5) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed
between the consumer and the trader..
(6) See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction..
(7) See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
s.13 Goods to match a sample
(1) This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the
consumer before the contract is made.
.
(2) Every contract to which this section applies is to be treated as including a term that—
(a) the goods will match the sample except to the extent that any differences between the sample and the goods are brought to
the consumer’s attention before the contract is made, and
(b) the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable
examination of the sample.
(3) See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
s.14 Goods to match a model seen or examined
(1) This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the
consumer before entering into the contract.
(2) Every contract to which this section applies is to be treated as including a term that the goods will match the model except to
the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer
enters into the contract..
(3) See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
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s.15 Installation as part of conformity of the goods with the contract
(1) Goods do not conform to a contract to supply goods if—
(a) installation of the goods forms part of the contract,
(b) the goods are installed by the trader or under the trader’s responsibility, and
(c) the goods are installed incorrectly.
(2) See section 19 for the effect of goods not conforming to the contract.
s.17 Trader to have right to supply the goods etc
(1) Every contract to supply goods, except one within subsection (4), is to be treated as including a term—.
(a) in the case of a contract for the hire of goods, that at the beginning of the period of hire the trader must have the right to
transfer possession of the goods by way of hire for that period,.
(b) in any other case, that the trader must have the right to sell or transfer the goods at the time when ownership of the goods is
to be transferred..
(2) Every contract to supply goods, except a contract for the hire of goods or a contract within subsection (4), is to be treated as
including a term that—.
(a) the goods are free from any charge or encumbrance not disclosed or known to the consumer before entering into the contract,.
(b) the goods will remain free from any such charge or encumbrance until ownership of them is to be transferred, and.
(c) the consumer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person
entitled to the benefit of any charge or encumbrance so disclosed or known..
(3) Every contract for the hire of goods is to be treated as including a term that the consumer will enjoy quiet possession of the
goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the
benefit of any charge or encumbrance disclosed or known to the consumer before entering into the contract..
(4) This subsection applies to a contract if the contract shows, or the circumstances when they enter into the contract imply, that
the trader and the consumer intend the trader to transfer only—.
(a) whatever title the trader has, even if it is limited, or.
(b) whatever title a third person has, even if it is limited..
(5) Every contract within subsection (4) is to be treated as including a term that all charges or encumbrances known to the trader
and not known to the consumer were disclosed to the consumer before entering into the contract..
(6) Every contract within subsection (4) is to be treated as including a term that the consumer’s quiet possession of the goods—.
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(a) will not be disturbed by the trader, and.
(b) will not be disturbed by a person claiming through or under the trader, unless that person is claiming under a charge or
encumbrance that was disclosed or known to the consumer before entering into the contract..
(7) If subsection (4)(b) applies (transfer of title that a third person has), the contract is also to be treated as including a term that
the consumer’s quiet possession of the goods—.
(a) will not be disturbed by the third person, and.
(b) will not be disturbed by a person claiming through or under the third person, unless the claim is under a charge or
encumbrance that was disclosed or known to the consumer before entering into the contract..
(8) In the case of a contract for the hire of goods, this section does not affect the right of the trader to repossess the goods where
the contract provides or is to be treated as providing for this..
(9) See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
s.19 Consumer’s rights to enforce terms about goods
(1) In this section and sections 22 to 24 references to goods conforming to a contract are references to—.
(a) the goods conforming to the terms described in sections 9, 10, 11, 13 and 14,.
(b) the goods not failing to conform to the contract under section 15 or 16, and.
(c) the goods conforming to requirements that are stated in the contract..
(2) But, for the purposes of this section and sections 22 to 24, a failure to conform as mentioned in subsection (1)(a) to (c) is not a
failure to conform to the contract if it has its origin in materials supplied by the consumer..
(3) If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14,
or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they
are available) are—.
(a) the short-term right to reject (sections 20 and 22);.
(b) the right to repair or replacement (section 23); and.
(c) the right to a price reduction or the final right to reject (sections 20 and 24)..
(4) If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the
contract, the consumer’s rights (and the provisions about them and when they are available) are—.
(a) the right to repair or replacement (section 23); and.
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(b) the right to a price reduction or the final right to reject (sections 20 and 24)..
(5) If the trader is in breach of a term that section 12 requires to be treated as included in the contract, the consumer has the right
to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the
price paid or the value of other consideration given for the goods..
(6) If the trader is in breach of the term that section 17(1) (right to supply etc) requires to be treated as included in the contract,
the consumer has a right to reject (see section 20 for provisions about that right and when it is available)..
(7) Subsections (3) to (6) are subject to section 25 and subsections (3)(a) and (6) are subject to section 26..
(8) Section 28 makes provision about remedies for breach of a term about the time for delivery of goods..
(9) This Chapter does not prevent the consumer seeking other remedies—.
(a) for a breach of a term that this Chapter requires to be treated as included in the contract,.
(b) on the grounds that, under section 15 or 16, goods do not conform to the contract, or.
(c) for a breach of a requirement stated in the contract..
(10) Those other remedies may be ones—.
(a) in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or.
(b) instead of such a remedy, or.
(c) where no such remedy is provided for..
(11) Those other remedies include any of the following that is open to the consumer in the circumstances—.
(a) claiming damages;.
(b) seeking specific performance;.
(c) seeking an order for specific implement;.
(d) relying on the breach against a claim by the trader for the price;.
(e) for breach of an express term, exercising a right to treat the contract as at an end..
(12) It is not open to the consumer to treat the contract as at an end for breach of a term that this Chapter requires to be treated
as included in the contract, or on the grounds that, under section 15 or 16, goods do not conform to the contract, except as
provided by subsections (3), (4) and (6)..
(13) In this Part, treating a contract as at an end means treating it as repudiated..
(14) For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the
period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have
conformed to it on that day..
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(15) Subsection (14) does not apply if—.
(a) it is established that the goods did conform to the contract on that day, or.
(b) its application is incompatible with the nature of the goods or with how they fail to conform to the contract.
s.20 Right to reject
(1) The short-term right to reject is subject to section 22.
(2) The final right to reject is subject to section 24.
(3) The right to reject under section 19(6) is not limited by those sections.
(4) Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20)
and (21).
(5) The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract
as at an end.
(6) The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.
(7) From the time when the right is exercised—
(a) the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b) the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer
to return rejected goods) to return them as agreed.
(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning
them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took
physical possession of them.
(9) The consumer’s entitlement to receive a refund works as follows.
(10) To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of
money.
(11) To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the
same amount of what the consumer transferred, unless subsection (12) applies.
(12) To the extent that the consumer transferred under the contract something for which the same amount of the same thing
cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.
(13) If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a
period of hire that the consumer does not get because the contract is treated as at an end.
(14) If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the
whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid.
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(15) A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on
which the trader agrees that the consumer is entitled to a refund.
(16) If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the
consumer used, unless the consumer expressly agrees otherwise.
(17) The trader must not impose any fee on the consumer in respect of the refund.
(18) There is no entitlement to receive a refund—
(a) if none of subsections (10) to (12) applies,
(b) to the extent that anything to which subsection (12) applies cannot be given back in its original state, or
(c) where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as
to give back only the amount, or part of the amount, to which the consumer is entitled.
(19) It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of
the entitlement, or instead of a refund.
(20) Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in
subsections (1) to (3) where—
(a) the contract is a severable contract,
(b) in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract
for transfer of goods, and
(c) section 26(3) does not apply.
(21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case—
(a) to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a
refund relates only to what the consumer paid or transferred in relation to that obligation), or
(b) to exercise any of the rights mentioned in subsections (1) to (3) in respect of the whole contract.
s.21 Partial rejection of goods
(1) If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the
contract as at an end, the consumer—
(a) may reject some or all of the goods that do not conform to the contract, but
(b) may not reject any goods that do conform to the contract.
(2 )If the consumer is entitled to reject the goods in an instalment, but does not reject all of those goods, the consumer—
(a) may reject some or all of the goods in the instalment that do not conform to the contract, but
(b) may not reject any goods in the instalment that do conform to the contract.
(3 )If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also rejecting the rest of
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them.
(4) A unit is a “commercial unit” if division of the unit would materially impair the value of the goods or the character of the unit.
(5) The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.
(6) The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.
(7) From the time when a consumer rejects goods under this section—
(a) the trader has a duty to give the consumer a refund in respect of those goods (subject to subsection (10)), and
(b) the consumer has a duty to make those goods available for collection by the trader or (if there is an agreement for the
consumer to return rejected goods) to return them as agreed.
(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning
them, other than any costs incurred by the consumer in returning those goods in person to the place where the consumer took
physical possession of them.
(9) Section 20(10) to (17) apply to a consumer’s right to receive a refund under this section (and in section 20(13) and (14)
references to the contract being treated as at an end are to be read as references to goods being rejected).
(10) That right does not apply—
(a) if none of section 20(10) to (12) applies,
(b) to the extent that anything to which section 20(12) applies cannot be given back in its original state, or
(c) to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount,
or part of the amount, to which the consumer is entitled.
(11) It may be open to a consumer to claim damages where there is no right to receive a refund, or because of the limits of the
right, or instead of a refund.
(12) References in this section to goods conforming to a contract are to be read in accordance with section 19(1) and (2), but they
also include the goods conforming to the terms described in section 17.
(13) Where section 20(21)(a) applies the reference in subsection (1) to the consumer treating the contract as at an end is to be
read as a reference to the consumer treating the severable obligation as at an end.
s.22 Time limit for short-term right to reject
(1) A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer
exercising it, unless the trader and the consumer agree that it may be exercised later.
(2) An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the
consumer.
(3) The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with
the first day after these have all happened—
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(a) ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract)
possession of the goods has been transferred to the consumer,
(b) the goods have been delivered, and
(c) where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader
has notified the consumer that the action has been taken.
(4) If any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising
the short-term right to reject in relation to those goods is the end of that shorter period (but without affecting the time limit in
relation to goods that are not of that kind).
(5) Subsections (3) and (4) do not prevent the consumer exercising the short-term right to reject before something mentioned in
subsection (3)(a), (b) or (c) has happened.
(6) If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops
running for the length of the waiting period.
(7) If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for
exercising the short-term right to reject is then either—
(a) 7 days after the waiting period ends, or
(b) if later, the original time limit for exercising that right, extended by the waiting period.
(8) The waiting period—
(a) begins with the day the consumer requests or agrees to the repair or replacement of the goods, and
(b) ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.
s.23 Right to repair or replacement
(1) This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).
(2) If the consumer requires the trader to repair or replace the goods, the trader must—
(a) do so within a reasonable time and without significant inconvenience to the consumer, and
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3) The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—
(a) is impossible, or
(b) is disproportionate compared to the other of those remedies.
(4) Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those
imposed by the other, are unreasonable, taking into account—
(a) the value which the goods would have if they conformed to the contract,
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(b) the significance of the lack of conformity, and
(c) whether the other remedy could be effected without significant inconvenience to the consumer.
(5) Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a) the nature of the goods, and
(b) the purpose for which the goods were acquired.
(6) A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term
right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause
significant inconvenience to the consumer).
(7) A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the
short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would
cause significant inconvenience to the consumer).
(8) In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.
s.24 Right to price reduction or final right to reject
(1) The right to a price reduction is the right—
(a) to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or
anything else the consumer is required to transfer under the contract, and
(b) to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced
amount.
(2) The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to
transfer.
(3) Section 20(10) to (17) applies to a consumer’s right to receive a refund under subsection (1)(b).
(4) The right to a price reduction does not apply—
(a) if what the consumer is (before the reduction) required to transfer under the contract, whether or not already transferred,
cannot be divided up so as to enable the trader to receive or retain only the reduced amount, or
(b) if anything to which section 20(12) applies cannot be given back in its original state.
(5) A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only
do so in one of these situations—
(a) after one repair or one replacement, the goods do not conform to the contract;
(b) because of section 23(3) the consumer can require neither repair nor replacement of the goods; or
(c) the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section
23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.
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(6) There has been a repair or replacement for the purposes of subsection (5)(a) if—
(a) the consumer has requested or agreed to repair or replacement of the goods (whether in relation to one fault or more than
one), and
(b) the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or
agreement.
(7) For the purposes of subsection (6) goods that the trader arranges to repair at the consumer’s premises are made available
when the trader indicates that the repairs are finished.
(8) If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take
account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9)
and (10).
(9) No deduction may be made to take account of use in any period when the consumer had the goods only because the trader
failed to collect them at an agreed time.
(10) No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—
(a) the goods consist of a motor vehicle, or
(b) the goods are of a description specified by order made by the Secretary of State by statutory instrument.
(11) In subsection (10) the first 6 months means 6 months beginning with the first day after these have all happened—
(a) ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract)
possession of the goods has been transferred to the consumer,
(b) the goods have been delivered, and
(c) where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader
has notified the consumer that the action has been taken.
(12) In subsection (10)(a) “motor vehicle”—
(a) in relation to Great Britain, has the same meaning as in the Road Traffic Act 1988 (see sections 185 to 194 of that Act);
(b) in relation to Northern Ireland, has the same meaning as in the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI
18)) (see Parts I and V of that Order).
(13) But a vehicle is not a motor vehicle for the purposes of subsection (10)(a) if it is constructed or adapted—
(a) for the use of a person suffering from some physical defect or disability, and
(b) so that it may only be used by one such person at any one time.
(14)An order under subsection (10)(b)—
(a) may be made only if the Secretary of State is satisfied that it is appropriate to do so because of significant detriment caused to
traders as a result of the application of subsection (10) in relation to goods of the description specified by the order;
(b) may contain transitional or transitory provision or savings.
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(15) No order may be made under subsection (10)(b) unless a draft of the statutory instrument containing it has been laid before,
and approved by a resolution of, each House of Parliament.
s.49 Service to be performed with reasonable care and skill
(1) Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable
care and skill.
(2) See section 54 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
s.50 Information about the trader or service to be binding
(1) Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the
consumer, by or on behalf of the trader, about the trader or the service, if—.
(a) it is taken into account by the consumer when deciding to enter into the contract, or.
(b) it is taken into account by the consumer when making any decision about the service after entering into the contract..
(2) Anything taken into account by the consumer as mentioned in subsection (1)(a) or (b) is subject to—.
(a) anything that qualified it and was said or written to the consumer by the trader on the same occasion, and.
(b) any change to it that has been expressly agreed between the consumer and the trader (before entering into the contract or
later)..
(3) Without prejudice to subsection (1), any information provided by the trader in accordance with regulation 9, 10 or 13 of the
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as
included as a term of the contract..
(4) A change to any of the information mentioned in subsection (3), made before entering into the contract or later, is not effective
unless expressly agreed between the consumer and the trader..
(5) See section 54 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a
contract.
s.54 Consumer’s rights to enforce terms about services
(1) The consumer’s rights under this section and sections 55 and 56 do not affect any rights that the contract provides for, if those
are not inconsistent..
(2) In this section and section 55 a reference to a service conforming to a contract is a reference to—.
(a) the service being performed in accordance with section 49, or.
(b) the service conforming to a term that section 50 requires to be treated as included in the contract and that relates to the
performance of the service..
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(3) If the service does not conform to the contract, the consumer’s rights (and the provisions about them and when they are
available) are—.
(a) the right to require repeat performance (see section 55);.
(b) the right to a price reduction (see section 56)..
(4) If the trader is in breach of a term that section 50 requires to be treated as included in the contract but that does not relate to
the service, the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available)..
(5) If the trader is in breach of what the contract requires under section 52 (performance within a reasonable time), the consumer
has the right to a price reduction (see section 56 for provisions about that right and when it is available)..
(6) This section and sections 55 and 56 do not prevent the consumer seeking other remedies for a breach of a term to which any of
subsections (3) to (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same
loss)..
(7) Those other remedies include any of the following that is open to the consumer in the circumstances—.
(a) claiming damages;.
(b) seeking to recover money paid where the consideration for payment of the money has failed;.
(c) seeking specific performance;.
(d) seeking an order for specific implement;.
(e) relying on the breach against a claim by the trader under the contract;.
(f) exercising a right to treat the contract as at an end.
s.57 Liability that cannot be excluded or restricted
(1) A term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader’s liability
arising under section 49 (service to be performed with reasonable care and skill).
(2) Subject to section 50(2), a term of a contract to supply services is not binding on the consumer to the extent that it would
exclude the trader’s liability arising under section 50 (information about trader or service to be binding).
(3) A term of a contract to supply services is not binding on the consumer to the extent that it would restrict the trader’s liability
arising under any of sections 49 and 50 and, where they apply, sections 51 and 52 (reasonable price and reasonable time), if it
would prevent the consumer in an appropriate case from recovering the price paid or the value of any other consideration. (If it
would not prevent the consumer from doing so, Part 2 (unfair terms) may apply.)
(4) That also means that a term of a contract to supply services is not binding on the consumer to the extent that it would —
(a) exclude or restrict a right or remedy in respect of a liability under any of sections 49 to 52,
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(b) make such a right or remedy or its enforcement subject to a restrictive or onerous condition,
(c) allow a trader to put a person at a disadvantage as a result of pursuing such a right or remedy, or
(d) exclude or restrict rules of evidence or procedure.
(5) The references in subsections (1) to (3) to excluding or restricting a liability also include preventing an obligation or duty arising
or limiting its extent.
(6) An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting
any liability for the purposes of this section.
(7) See Schedule 3 for provision about the enforcement of this section.
s.62 Requirement for contract terms and notices to be fair
(1) An unfair term of a consumer contract is not binding on the consumer.
(2) An unfair consumer notice is not binding on the consumer.
(3) This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so..
(4) A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and
obligations under the contract to the detriment of the consumer.
(5) Whether a term is fair is to be determined—.
(a) taking into account the nature of the subject matter of the contract, and.
(b) by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any
other contract on which it depends..
(6) A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and
obligations to the detriment of the consumer.
(7) Whether a notice is fair is to be determined—.
(a) taking into account the nature of the subject matter of the notice, and.
(b) by reference to all the circumstances existing when the rights or obligations to which it relates arose and to the terms of any
contract on which it depends..
(8) This section does not affect the operation of—.
(a) section 31 (exclusion of liability: goods contracts),.
(b) section 47 (exclusion of liability: digital content contracts),.
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(c) section 57 (exclusion of liability: services contracts), or.
(d) section 65 (exclusion of negligence liability).
s.63 Contract terms which may or must be regarded as unfair
(1) Part 1 of Schedule 2 contains an indicative and non-exhaustive list of terms of consumer contracts that may be regarded as
unfair for the purposes of this Part.
(2) Part 1 of Schedule 2 is subject to Part 2 of that Schedule; but a term listed in Part 2 of that Schedule may nevertheless be
assessed for fairness under section 62 unless section 64 or 73 applies to it.
(3) The Secretary of State may by order made by statutory instrument amend Schedule 2 so as to add, modify or remove an entry
in Part 1 or Part 2 of that Schedule..
(4) An order under subsection (3) may contain transitional or transitory provision or savings.
(5) No order may be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and
approved by a resolution of, each House of Parliament.
(6) A term of a consumer contract must be regarded as unfair if it has the effect that the consumer bears the burden of proof with
respect to compliance by a distance supplier or an intermediary with an obligation under any enactment or rule implementing the
Distance Marketing Directive.
s.64 Exclusion from assessment of fairness
(1) A term of a consumer contract may not be assessed for fairness under section 62 to the extent that—.
(a) it specifies the main subject matter of the contract, or.
(b) the assessment is of the appropriateness of the price payable under the contract by comparison with the goods, digital content
or services supplied under it.
(2) Subsection (1) excludes a term from an assessment under section 62 only if it is transparent and prominent.
(3) A term is transparent for the purposes of this Part if it is expressed in plain and intelligible language and (in the case of a written
term) is legible.
(4) A term is prominent for the purposes of this section if it is brought to the consumer’s attention in such a way that an average
consumer would be aware of the term.
(5) In subsection (4) “average consumer” means a consumer who is reasonably well-informed, observant and circumspect..
(6) This section does not apply to a term of a contract listed in Part 1 of Schedule 2.
s.65 Bar on exclusion or restriction of negligence liability
(1) A trader cannot by a term of a consumer contract or by a consumer notice exclude or restrict liability for death or personal
injury resulting from negligence.
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(2) Where a term of a consumer contract, or a consumer notice, purports to exclude or restrict a trader’s liability for negligence, a
person is not to be taken to have voluntarily accepted any risk merely because the person agreed to or knew about the term or
notice.
(3) In this section “personal injury” includes any disease and any impairment of physical or mental condition..
(4) In this section “negligence” means the breach of—.
(a) any obligation to take reasonable care or exercise reasonable skill in the performance of a contract where the obligation arises
from an express or implied term of the contract,
(b) a common law duty to take reasonable care or exercise reasonable skill,
(c) the common duty of care imposed by the Occupiers’ Liability Act 1957 or the Occupiers’ Liability Act (Northern Ireland) 1957,
or.
(d) the duty of reasonable care imposed by section 2(1) of the Occupiers’ Liability (Scotland) Act 1960.
(5) It is immaterial for the purposes of subsection (4)—.
(a) whether a breach of duty or obligation was inadvertent or intentional, or.
(b) whether liability for it arises directly or vicariously..
(6) This section is subject to section 66 (which makes provision about the scope of this section).
s.66 Scope of section 65
(1) Section 65 does not apply to—
(a) any contract so far as it is a contract of insurance, including a contract to pay an annuity on human life, or
(b) any contract so far as it relates to the creation or transfer of an interest in land.
(2) Section 65 does not affect the validity of any discharge or indemnity given by a person in consideration of the receipt by that
person of compensation in settlement of any claim the person has.
(3) Section 65 does not—
(a) apply to liability which is excluded or discharged as mentioned in section 4(2)(a) (exception to liability to pay damages to
relatives) of the Damages (Scotland) Act 2011, or
(b) affect the operation of section 5 (discharge of liability to pay damages: exception for mesothelioma) of that Act.
(4) Section 65 does not apply to the liability of an occupier of premises to a person who obtains access to the premises for
recreational purposes if—
(a) the person suffers loss or damage because of the dangerous state of the premises, and
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(b) allowing the person access for those purposes is not within the purposes of the occupier’s trade, business, craft or profession.
s.67 Effect of an unfair term on the rest of a contract
Where a term of a consumer contract is not binding on the consumer as a result of this Part, the contract continues, so far as
practicable, to have effect in every other respect.
s.68 Requirement for transparency
(1) A trader must ensure that a written term of a consumer contract, or a consumer notice in writing, is transparent.
(2) A consumer notice is transparent for the purposes of subsection (1) if it is expressed in plain and intelligible language and it is
legible.
s.69 Contract terms that may have different meanings
(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to
the consumer is to prevail.
(2) Subsection (1) does not apply to the construction of a term or a notice in proceedings on an application for an injunction or
interdict under paragraph 3 of Schedule 3.
END OF STATUTORY PROVISIONS

 
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