
Blackstone's Guide to the Consumer Rights Act 2015
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Content
- Cover
- Blackstone's Guide to The Consumer Rights Act 2015
- Copyright
- Contents-Summary
- Contents
- Table of Cases
- Table of Legislation
- Table of European Cases
- Table of Secondary Legislation
- Table of European Legislation
- List of Abbreviations
- 1. Introduction
- A. Purpose of the Legislation
- 1. What the Act is Trying to Achieve
- 2. Structure of the Act
- 3. History
- 4. EU Policy Objectives
- 5. Common Law Contractual Tradition
- 6. Sources and Consultations
- B. Is the Act Going to be Effective?
- 1. Access to Justice
- 2. Alternative Dispute Resolution
- C. Simultaneous Changes to Consumer Law
- 1. The Practical Problem
- D. Policy Choices
- 1. Choices Made by Consumers
- 2. Key Definitions
- A. Overview
- B. Key Definitions
- 1. Trader
- 2. Consumer
- 3. Business
- 4. Goods
- 5. Digital Content
- 6. Services
- 3. Goods
- A. Overview
- 1. Background
- 2. Changes to Existing Legislation
- B. Chapter 2
- 1. Summary of Changes
- C. What Goods Contracts are Covered?
- 1. Section 3
- 2. Ownership of Goods
- 3. Sales Contracts
- 4. Contracts for the Hire of Goods
- 5. Hire-Purchase Agreements
- 6. Contracts for the Transfer of Goods
- D. What Statutory Rights are There Under A Goods Contract?
- 1. Goods to be of Satisfactory Quality
- 2. Goods to be Fit for Particular Purpose
- 3. Goods to be as Described
- 4. Other Pre-Contract Information Included in Contract
- 5. Goods to Match a Sample
- 6. Goods to Match a Model Seen or Examined
- 7. Installation as Part of Conformity of the Goods with the Contract
- 8. Goods Not Conforming to Contract if Digital Content Does Not Conform
- 9. Trader to Have the Right to Supply the Goods
- 10. No Other Requirement to Treat Term about Quality of Fitness as Included
- E. What Remedies are There if Statuory Rights Under a Goods Contract are Not Met?
- 1. Consumer's Rights to Enforce Terms about Goods
- 2. Table of Remedies
- 3. Right to Reject
- 4. Partial Rejection of Goods
- 5. Time Limit for Short-term Right to Reject
- 6. Right to Replacement or Repair
- 7. Right to Price Reduction or Final Right to Reject
- F. Other Rules About Remedies
- 1. Delivery of Wrong Quantity
- 2. Instalment Deliveries
- G. Other Rules About Remedies Under Goods Contracts
- 1. Delivery of Goods
- 2. Section 29: Passing of Risk
- 3. Goods under Guarantee
- H. Can a Trader Contract out of Rights and Remedies?
- 1. Liability that Cannot be Excluded or Restricted
- 2. Contracts Applying Law of Non-EEA State
- 4. Digital Content
- A. Overview
- B. Potential Difficulties
- C. What Digital Content Contracts are Covered by Chapter 3?
- 1. Contracts Covered by this Chapter
- 2. Different Kinds of Licences
- D. The Quality Rights
- 1. Section 34: Digital Content Must be of Satisfactory Quality
- 2. Relevant Circumstances
- E. Third Parties
- 1. Section 35: Digital Content Must be Fit for a Particular Purpose
- F. Quality Rights: Pre-Contract Information and Modification
- 1. Section 36: Digital Content Must be as Described
- 2. Section 37: Other Pre-Contract Information Included in Contract
- 3. Table of Pre-Contract Information
- 4. Section 38: Modification of the Contract
- 5. Section 39: Supply by Transmission and Facilities for Continued Transmissions
- 6. Section 40: Modifications
- 7. Section 41: Trader's Right to Provide Digital Content
- G. Remedies
- 1. Section 42: What Remedies are there if Statutory Rights under a Digital Content Contract are not Met?
- 2. Section 43: Right to Repair or Replacement
- 3. Section 44: Right to Price Reduction
- 4. Section 45: Right to a Refund
- 5. Section 46: Compensation for Damage to Device or Other Digital Content
- H. Can A Trader Contract Out of Rights and Remedies?
- 1. Section 47: Liability that Cannot be Excluded or Restricted
- I. Information about Alternative Dispute Resolution
- 5. Services
- A. Summary and Background
- B. On Outcome-Based Liability Standards
- C. Comment
- D. What Service Contracts are Covered?
- 1. Section 48: Contracts Covered by this Chapter
- E. What are a Consumer'a Statutory Rights?
- 1. Section 49: Service to be Provided with Reasonable Care and Skill
- 2. Section 50: Information about the Trader or Service to be Binding
- 3. Section 50(1) and Invitation to Treat
- 4. Changing Pre-Contractual Information
- 5. Unilateral Right to Vary
- 6. Section 51: Reasonable Price to be Paid for a Service
- 7. Section 52: Service to be Performed Within a Reasonable Time
- 8. Section 53: Relation to Other Law on Contract Terms
- F. Summary of a Consumer's Statutory Rights
- G. What are a Consumer's Remedies Under the Act?
- 1. Section 54: Consumer's Rights to Enforce Terms about Services
- H. Table of Consumer's Statutory Rights and Remedies that Apply
- 1. Section 55: Right to Repeat Performance
- 2. Section 56: Right to a Price Reduction
- I. Can a Trader Contract out of Statutory Rights and Remedies Under a Services Contract?
- 1. Section 57: Liability that Cannot be Excluded
- 6. UNFAIR CONTRACT TERMS
- A. Background
- B. Aims of this Part
- C. The Guidance
- D. What Contracts and Notices are Covered by this Part?
- E. What are the General Rules about Fairness of Contract Terms and Notices?
- 1. Section 62: Requirement for Contract Terms and Notices to be Fair
- 2. Significant Imbalance and Good Faith
- 3. All the Circumstances Existing When the Term was Agreed
- 4. Section 63: Contract Terms which May or Must be Regarded as Unfair
- F. The Grey List
- 1. The Distance Marketing Directive
- 2. Section 64: Exclusion from Assessment of Fairness
- 3. Office of Fair Trading v Abbey National Plc [2009] UKSC 6
- 4. Section 64: The Core Exemption
- 5. Prominence and Transparency
- 6. The Average Consumer
- 7. Section 65: Bar on Exclusion or Restriction of Negligence Liability
- 8. The Black List
- G. How are the General Rules to be Enforced?
- 1. Section 70: Enforcement of the Law on Unfair Contract Terms
- H. Supplementary Provisions
- 1. Section 71: Duty of Court to Consider Fairness of Terms
- I. Other Relevant Legislation
- 1. The Consumer Protection from Unfair Trading Regulations 2008
- 2. The Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013)
- 7. Consumer LAW ENFORCEMENT POWERS
- A. Overview
- B. Who Can Enforce?
- C. The Powers
- D. Powers not Reliant on Entry Into Premises
- 1. Test Purchase
- E. Production of Information
- F. Powers Reliant on Entry Into Premises
- 1. Powers of Entry
- G. Search and Seizure
- H. Power to Inspect
- I. Offences
- J. Exercise of Enforcement by Area Enforcers
- 8. Enhanced Consumer Measures
- A. Background
- B. Enterprise Act 2002
- 1. Overview-the Old Law
- C. Legislative Scope
- 1. The Infringements
- D. The Enforcers
- E. Consumers
- F. Investigatory Powers
- G. Procedure
- H. Enhanced Consumer Measures
- 1. Redress Category
- 2. Compliance
- 3. Choice
- I. Limitations
- J. Applications
- 9. Private Actions in Competition Law
- A. Overview
- B. The Three Objectives
- C. Background: The Perceived Problems
- D. Objective One: Widen the Types of Cases Which the Cat Can Hear
- 1. Changes to the Competition Act 1988
- 2. Section 47A Competition Act 1988
- 3. Certification of Claims
- 4. Fast Track Rules
- 5. Injunctions
- 6. Time limits/Prescription Periods
- 7. Other Procedural Provisions
- E. Objective Two: Collective Actions and Opt-Out Collective Settlements
- 1. Government's Aims
- 2. Section 47B Proceeding
- 3. Relevant CAT Rules
- 4. Authorization of the Class Representative
- 5. Certification of the Claims
- 6. Collective Proceedings: Damages, Costs and Limitation Periods
- 7. Settlement of Disputes: Where a CPO has been Made
- 8. Settlement of Disputes: Where a CPO has Not been Made
- 9. Reaction to Extension of Powers of the CAT
- F. Objective Three: Voluntary Redress
- 1. New Competition Act 1988 Sections 49C, 49D, and 49E
- 2. Guidance
- 10. Secondary Ticketing and Other Topics
- A. Duty of Letting Agents to Publicize Fees
- B. Student Complaints Scheme
- C. Secondary Ticketing
- 1. Duty to Provide Information about Tickets
- 2. Information that Must be Provided
- 3. Who Must Provide the Information
- 4. Prohibition on Cancellation or Blacklisting
- 5. Duty to Report Criminal Activity
- 6. Enforcement
- D. Unwrapped Bread
- Appendix 1 Consumer Rights Act 2015 Chapter 15
- Appendix 2 Explanatory Notes Consumer Rights Act 2015 Chapter 15
- Appendix 3 Schedule 5 Investigatory Powers etc.
- Appendix 4 Schedule 8 Private Actions in Competition Law
- Appendix 5 Unfair Contract Terms Black List
- Appendix 6 Table of Consumer Protection Enforcement Powers
- 1. Domestic Enforcers
- 2. EU Enforcers
- Index
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