Consumer Law

Implied Terms in Consumer Contracts

Buyers are entitled to goods that correspond with the description provided, and if there is a breach of the implied condition, they may be entitled to damages.

• If goods do not match the description, the buyer can sue for breach of contract.
• The buyer's right to repudiate the contract depends on the seriousness of the breach.
• Buyers have the right to repudiate the contract if goods do not correspond with the description and if they relied on the description in their decision to purchase.

Sale by Sample and Fitness for Purpose

When a sale is made based on a sample:

• The goods must correspond with the sample in quality and be free of defects.
• The buyer should have the opportunity to compare the sample with the bulk of goods.
• If both the sample and goods are defective, the trader may be liable.

There is an implied duty for the trader to provide goods fit for the purpose if the buyer expressly makes known the purpose.

Digital Content and the 2015 Act

The 2015 Act includes sections on digital content, treating transactions in digital content as regulated contracts.

• Consumers' statutory rights for digital content are similar to those for goods.
• Digital content must be of satisfactory quality and fit for the particular purpose it was sold for.

Description in Consumer Contracts

There is an implied term in every consumer contract that goods sold must correspond with the description provided.

• Digital content must be of satisfactory quality and fit for the purpose it was sold for.
• Buyers who rely on the description alone when making a purchase have the right to goods that match the description.

Remedies for Breaches under the Consumer Rights Act 2015

Under the Consumer Rights Act 2015, remedies for breaches depend on the type of implied term breached and its seriousness. The injured party may repudiate the contract and claim damages for losses suffered due to the breach.

• Right to repudiate the contract and claim damages
• Available remedies include right to reject, partial rejection of goods, right to repair or replacement, and right to price reduction or final rejection.

Exclusions and Prohibitions

Excluding terms of the 2015 Act in a consumer contract is strictly prohibited and any attempt to do so will be invalidated as an exemption clause.

Implied Terms in Contracts for the Supply of Services

Contracts for the supply of services to consumers have implied terms that must be adhered to. Breaching these terms constitutes a breach of contract.

Consumer Protection (Northern Ireland) Order 1987

The 1987 Order safeguards consumers from products that do not meet safety standards. Consumers can bring claims against producers for damages caused by defective goods.

• Consumers can claim damages for damage or injury caused by defective goods.
• Producers must supply goods that are fit for purpose and of satisfactory quality.

Product Liability and Bringing Claims

Product liability laws derive from contract law, tort law, and legislation. Consumers can bring claims against manufacturers for damages caused by…