Law Of Contract: Contents Of A Contract: Terms Implied Into A Consumer Contract By The Consumer Rights Act 2015: To Supply A Service – S49 Service To Be Performed With Reasonable Care And Skill; S52 Service To Be Performed Within A Reasonable Time And Consumer Rights For Breach Provided By: S55 Right To Repeat Performance; S56 Right To A Price Reduction (Copy)
Section 49 – Service to be Performed with Reasonable Care and Skill
Consumer Rights Act 2015, Section 49
Section 49(1)
- Every contract to supply a service includes an implied term that the trader must perform the service with reasonable care and skill.
Legal Standard
- Standard expected of a reasonably competent professional or service provider.
- Not perfection.
- Not guarantee of success.
- Requires reasonable competence.
Application
- Most important implied term relating to consumer services.
- Frequently applies to:
- Builders
- Mechanics
- Plumbers
- Solicitors
- Surveyors
- Medical professionals
- Accountants
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Facts
- Patient suffered injuries following medical treatment.
- Claim alleged lack of professional competence.
Judgment
- Defendant not liable.
Legal Principle
- Professional acts judged according to standards accepted by a responsible body of professional opinion.
Application to Section 49
- Frequently used to assess whether reasonable care and skill have been exercised by professionals.
Thake v Maurice [1986] QB 644
Facts
- Patient underwent vasectomy.
- Operation technically performed correctly.
- Pregnancy subsequently occurred.
Judgment
- Court examined whether reasonable care and skill had been exercised.
Legal Principle
- Obligation generally concerns competence rather than guaranteed outcomes.
Application to Section 49
- Distinguishes reasonable care from absolute success.
Samuels v Davis [1943] KB 526
Facts
- Dentist provided treatment negligently.
Judgment
- Liability established.
Legal Principle
- Professionals owe duties of competence when supplying services.
Application to Section 49
- Classic authority demonstrating professional responsibility.
Lanphier v Phipos (1838) 8 C & P 475
Facts
- Medical treatment provided incompetently.
Judgment
- Professional liable.
Legal Principle
- Service providers must exercise reasonable skill.
Application to Section 49
- Early authority on professional standards.
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total Personal A Grades, 7 Distinctions and 11 World Records For Educate A Change A Level Law Full Scale Course
Section 52 – Service to be Performed Within a Reasonable Time
Consumer Rights Act 2015, Section 52
Section 52(1)
- Applies where the contract does not expressly fix a completion date.
Section 52(2)
- Service must be performed within a reasonable time.
Meaning of Reasonable Time
Determined by:
- Nature of service.
- Complexity of work.
- Industry standards.
- Circumstances of the contract.
- Expectations of reasonable parties.
Application
- Important where no completion date exists.
Hick v Raymond & Reid [1893] AC 22
Facts
- Timber seller delayed delivery.
Judgment
- Court considered whether performance occurred within a reasonable time.
Legal Principle
- Reasonableness determined by surrounding circumstances.
Application to Section 52
- Frequently cited when discussing reasonable time.
Stewart v Reavell’s Garage [1952] 2 QB 545
Facts
- Repair work significantly delayed.
Judgment
- Delay considered unreasonable.
Legal Principle
- Excessive delay may constitute breach.
Application to Section 52
- Useful illustration of unreasonable delay.
Charles Rickards Ltd v Oppenheim [1950] 1 KB 616
Facts
- Vehicle construction repeatedly delayed.
- Buyer eventually imposed deadline.
Judgment
- Buyer entitled to terminate.
Legal Principle
- Continued delay can make time essential.
Application to Section 52
- Important authority concerning delayed performance.
Consumer Rights for Breach
Section 55 – Right to Repeat Performance
Consumer Rights Act 2015, Section 55
Section 55(1)
- Consumer may require the trader to perform the service again.
Requirements
- Service breaches Section 49.
- Repeat performance is possible.
Trader’s Obligations
- Must provide repeat performance:
- Within a reasonable time.
- Without significant inconvenience.
- At trader’s expense.
Application
- Primary remedy for defective services.
Practical Examples
Builder
- Faulty construction work.
- Consumer may require rebuilding or correction.
Mechanic
- Incorrect vehicle repair.
- Consumer may require proper repair.
Decorator
- Poor workmanship.
- Consumer may require repainting.
J & H Ritchie Ltd v Lloyd Ltd [2007] UKHL 9
Facts
- Defective agricultural machinery supplied and repaired.
- Seller failed to disclose nature of defect.
Judgment
- Buyer entitled to stronger remedies.
Legal Principle
- Repair must genuinely resolve defects.
Application to Section 55
- Demonstrates importance of effective corrective work.
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total Personal A Grades, 7 Distinctions and 11 World Records For Educate A Change A Level Law Full Scale Course
Section 56 – Right to Price Reduction
Consumer Rights Act 2015, Section 56
Section 56(1)
- Consumer entitled to price reduction where:
- Repeat performance impossible; or
- Trader fails to provide repeat performance properly.
Amount of Reduction
- May be:
- Partial reduction.
- Full refund.
Maximum Reduction
- Up to 100% of the price.
Application
- Secondary remedy where repeat performance is unavailable or unsuccessful.
Circumstances Triggering Section 56
Repeat Performance Impossible
Examples:
- Wedding photography event already passed.
- One-off live performance completed.
- Irreversible service.
Repeat Performance Not Provided
Examples:
- Trader refuses correction.
- Trader repeatedly fails correction.
- Significant inconvenience caused.
Repeat Performance Delayed
Examples:
- Excessive waiting time.
- Consumer deprived of benefit of contract.
Relationship Between Sections 49, 52, 55 and 56
| Breach | Statutory Provision | Consumer Remedy |
|---|---|---|
| Lack of reasonable care and skill | Section 49 | Sections 55 and 56 |
| Failure to perform within reasonable time | Section 52 | Sections 55 and 56 |
| Defective performance capable of correction | Section 55 | Repeat performance |
| Defective performance incapable of correction | Section 56 | Price reduction |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total Personal A Grades, 7 Distinctions and 11 World Records For Educate A Change A Level Law Full Scale Course
Comparison with Goods Remedies
| Goods | Services |
|---|---|
| Section 20 Right to Reject | No equivalent automatic rejection remedy |
| Section 23 Repair or Replacement | Section 55 Repeat Performance |
| Section 24 Price Reduction or Final Rejection | Section 56 Price Reduction |
| Sections 9–11 Quality Obligations | Sections 49 and 52 Service Obligations |
Essential Examination Cases
| Case | Principle | CRA Section |
|---|---|---|
| Bolam v Friern Hospital | Standard of reasonable professional skill | s49 |
| Thake v Maurice | Duty concerns competence, not guaranteed success | s49 |
| Samuels v Davis | Professional negligence in services | s49 |
| Lanphier v Phipos | Reasonable professional skill required | s49 |
| Hick v Raymond & Reid | Meaning of reasonable time | s52 |
| Stewart v Reavell’s Garage | Unreasonable delay may constitute breach | s52 |
| Charles Rickards v Oppenheim | Delay and time becoming essential | s52 |
| J & H Ritchie v Lloyd | Ineffective corrective work may justify stronger remedies | s55 / s56 |
Essential Statutory Provisions
| Statute | Section | Principle |
|---|---|---|
| Consumer Rights Act 2015 | s49 | Service must be performed with reasonable care and skill |
| Consumer Rights Act 2015 | s52 | Service must be completed within reasonable time |
| Consumer Rights Act 2015 | s55 | Consumer right to repeat performance |
| Consumer Rights Act 2015 | s56 | Consumer right to price reduction |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total Personal A Grades, 7 Distinctions and 11 World Records For Educate A Change A Level Law Full Scale Course