Law Of Contract: Contents Of A Contract: Terms Implied Into A Consumer Contract By The Consumer Rights Act 2015: To Supply Goods – S9 Goods To Be Of Satisfactory Quality; S10 Goods To Be Fit For A Particular Purpose; S11 Goods To Be As Described And Consumer Rights For Breach Provided By: S20 Right To Reject; S22 Time Limit For Short-term Right To Reject; S23 Right To Repair Or Replacement; S24 Right To Price Reduction Or A Final Right To Reject (Copy)
Section 9 – Goods to be of Satisfactory Quality
Consumer Rights Act 2015, Section 9
Section 9(1)
- Every contract to supply goods includes an implied term that the quality of the goods is satisfactory.
Section 9(2)
Goods are satisfactory if they meet the standard that a reasonable person would regard as satisfactory, taking into account:
- Description of the goods.
- Price paid.
- Other relevant circumstances.
Application
- Higher-priced goods are expected to meet a higher standard.
- Luxury products are judged more strictly than budget products.
Section 9(3)
Quality includes:
- Fitness for all common purposes.
- Appearance and finish.
- Freedom from minor defects.
- Safety.
- Durability.
Application
- Examiners often ask students to identify which aspect of quality has been breached.
Rogers v Parish (Scarborough) Ltd [1987] QB 933
Facts
- New Range Rover purchased for a substantial sum.
- Vehicle suffered multiple defects including engine, gearbox and bodywork problems.
- Vehicle remained capable of being driven.
Judgment
- Buyer entitled to reject.
Legal Principle
- New and expensive goods must meet a high standard of quality.
- Consumers are entitled to expect freedom from defects.
Application to Section 9
- Leading authority demonstrating that goods may fail quality requirements even where still usable.
Clegg v Andersson (t/a Nordic Marine) [2003] EWCA Civ 320
Facts
- Yacht supplied with significant excess weight.
- Defect reduced performance.
Judgment
- Buyer entitled to reject.
Legal Principle
- Goods not meeting reasonable expectations breach quality obligations.
Application to Section 9
- Frequently cited where defects affect performance.
Bartlett v Sidney Marcus Ltd [1965] 1 WLR 1013
Facts
- Second-hand car sold.
- Buyer informed that clutch was defective.
- Buyer purchased vehicle regardless.
Judgment
- Seller not liable.
Legal Principle
- Expectations depend upon age, price and condition of goods.
Application to Section 9
- Important limitation on satisfactory quality.
Bernstein v Pamson Motors (Golders Green) Ltd [1987] 2 All ER 220
Facts
- New car broke down shortly after purchase.
Judgment
- Buyer unsuccessful under previous law.
Application
- Demonstrates weaker protection before CRA 2015.
- Modern consumer rights are considerably stronger.
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 10 – Goods to be Fit for a Particular Purpose
Consumer Rights Act 2015, Section 10
Section 10(1)
- Goods must be fit for any particular purpose made known to the trader.
Requirements
- Purpose communicated to trader.
- Consumer relies upon trader’s skill or judgment.
- Goods fail to achieve that purpose.
Application
- Protection extends beyond ordinary use.
Baldry v Marshall [1925] 1 KB 260
Facts
- Buyer requested a car suitable for touring.
- Dealer recommended a Bugatti.
- Vehicle proved unsuitable.
Judgment
- Buyer succeeded.
Legal Principle
- Reliance upon seller’s expertise creates liability.
Application to Section 10
- Leading authority on fitness for particular purpose.
Grant v Australian Knitting Mills Ltd [1936] AC 85
Facts
- Underwear contained harmful chemicals.
- Consumer developed dermatitis.
Judgment
- Manufacturer liable.
Legal Principle
- Goods must be fit for intended use.
Application to Section 10
- Classic authority concerning fitness for purpose.
Griffiths v Peter Conway Ltd [1939] 1 All ER 685
Facts
- Coat caused dermatitis.
- Buyer had unusually sensitive skin.
- Seller unaware of condition.
Judgment
- Seller not liable.
Legal Principle
- Trader not liable for undisclosed special needs.
Application to Section 10
- Important limitation.
Jewson Ltd v Kelly [2003] EWCA Civ 1030
Facts
- Heating system purchased.
- Buyer claimed it was not sufficiently energy efficient.
Judgment
- Claim failed.
Legal Principle
- Goods need only satisfy the purpose communicated to the seller.
Application to Section 10
- Clarifies scope of the implied term.
Section 11 – Goods to be as Described
Consumer Rights Act 2015, Section 11
Section 11(1)
- Every contract includes an implied term that goods will match their description.
Application
- Applies to:
- Advertisements.
- Labels.
- Catalogues.
- Verbal descriptions.
Beale v Taylor [1967] 1 WLR 1193
Facts
- Car advertised as a 1961 Triumph Herald.
- Vehicle was actually assembled from two separate cars.
Judgment
- Buyer succeeded.
Legal Principle
- Goods must correspond precisely with description.
Application to Section 11
- Leading authority.
Re Moore & Co Ltd and Landauer & Co [1921] 2 KB 519
Facts
- Contract required canned fruit in cases of 30 tins.
- Goods supplied in cases of 24 tins.
Judgment
- Buyer entitled to reject.
Legal Principle
- Exact compliance required.
Application to Section 11
- Strict description case.
Arcos Ltd v EA Ronaasen & Son [1933] AC 470
Facts
- Timber supplied differed slightly from contractual dimensions.
Judgment
- Buyer entitled to reject.
Legal Principle
- Even small descriptive differences constitute breach.
Application to Section 11
- Leading strict compliance authority.
Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441
Facts
- Animal feed supplied.
- Question arose whether description had been breached.
Judgment
- House of Lords examined meaning of contractual description.
Legal Principle
- Courts distinguish between description and quality.
Application to Section 11
- Frequently cited in essay questions.
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
Consumer Remedies
Section 20 – Right to Reject
Consumer Rights Act 2015, Section 20
Statutory Right
Consumer may:
- Reject goods.
- Terminate contract.
- Obtain refund.
Trigger
- Breach of:
- Section 9.
- Section 10.
- Section 11.
Application
- Primary consumer remedy.
Clegg v Andersson [2003]
Application
- Illustrates circumstances where rejection is justified.
Section 22 – Time Limit for Short-Term Right to Reject
Consumer Rights Act 2015, Section 22
Statutory Rule
- Consumer normally has 30 days to reject goods.
Important Features
- Starts from delivery.
- Time may pause during repair or replacement.
Application
- Essential examination provision.
Section 23 – Right to Repair or Replacement
Consumer Rights Act 2015, Section 23
Statutory Right
Consumer may require:
- Repair; or
- Replacement.
Trader’s Position
- Trader may refuse if:
- Impossible.
- Disproportionately expensive.
Application
- Most common intermediate remedy.
J & H Ritchie Ltd v Lloyd Ltd [2007] UKHL 9
Facts
- Agricultural machine defective.
- Seller repaired machine.
- Refused to explain defect.
Judgment
- Buyer entitled to reject.
Legal Principle
- Repair must genuinely remedy the problem.
Application to Section 23
- Important authority regarding ineffective repairs.
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 24 – Right to Price Reduction or Final Right to Reject
Consumer Rights Act 2015, Section 24
Statutory Right
Consumer may:
- Obtain a price reduction; or
- Exercise a final right to reject.
Available Where
- Repair impossible.
- Replacement impossible.
- Repair unsuccessful.
- Replacement unsuccessful.
- Trader fails to act within reasonable time.
- Significant inconvenience caused.
Application
- Final statutory protection when Section 23 remedies fail.
Rogers v Parish [1987]
Application
- Illustrates defects serious enough to justify final rejection.
Clegg v Andersson [2003]
Application
- Demonstrates consumer entitlement to reject defective goods where expectations are not met.
J & H Ritchie v Lloyd [2007]
Application
- Example of failed repair leading to stronger remedies.
Relationship Between Sections 9–11 and Remedies
| Implied Term | Statutory Section | Main Cases | Available Remedies |
|---|---|---|---|
| Satisfactory Quality | s9 CRA 2015 | Rogers v Parish, Clegg v Andersson, Bartlett v Sidney Marcus | ss20, 22, 23, 24 |
| Fit for Purpose | s10 CRA 2015 | Baldry v Marshall, Grant v Australian Knitting Mills, Griffiths v Peter Conway | ss20, 22, 23, 24 |
| As Described | s11 CRA 2015 | Beale v Taylor, Re Moore, Arcos, Ashington Piggeries | ss20, 22, 23, 24 |
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
Essential Examination Cases
| Case | Principle |
|---|---|
| Rogers v Parish | New goods must be free from significant defects |
| Clegg v Andersson | Defective goods may be rejected |
| Bartlett v Sidney Marcus | Quality depends on age and price |
| Baldry v Marshall | Reliance on seller’s expertise |
| Grant v Australian Knitting Mills | Fitness for intended purpose |
| Griffiths v Peter Conway | Undisclosed unusual needs not protected |
| Jewson v Kelly | Purpose must be communicated |
| Beale v Taylor | Goods must match description |
| Re Moore v Landauer | Exact descriptive compliance |
| Arcos v Ronaasen | Minor descriptive differences may breach contract |
| Ashington Piggeries | Distinction between quality and description |
| J & H Ritchie v Lloyd | Ineffective repair may justify rejection |
Essential Statutory Provisions
| Statute | Section | Legal Rule |
|---|---|---|
| Consumer Rights Act 2015 | s9 | Goods to be of satisfactory quality |
| Consumer Rights Act 2015 | s10 | Goods fit for particular purpose |
| Consumer Rights Act 2015 | s11 | Goods must match description |
| Consumer Rights Act 2015 | s20 | Right to reject |
| Consumer Rights Act 2015 | s22 | 30-day short-term rejection period |
| Consumer Rights Act 2015 | s23 | Right to repair or replacement |
| Consumer Rights Act 2015 | s24 | Price reduction or final right to reject |
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