Whish, R and Bailey, D 22 0 obj /CS /DeviceRGB 371 0 R 371 0 R 371 0 R 371 0 R 371 0 R 371 0 R 371 0 R 371 0 R 371 0 R 371 0 R 185 0 R 185 0 R 185 0 R 185 0 R 185 0 R 185 0 R 185 0 R 185 0 R 186 0 R 187 0 R Explanatory Notes to Act, at [5][18]. /Contents 86 0 R Krummel, T and D'Sa, RM Sale of consumer goods and associated guarantees: a minimalist approach to harmonised European Union consumer protection (2001) 26 Eur L Rev 312 at 329 /Type /Page >> >> /CS /DeviceRGB /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] /Type /Group /Type /Page 175 0 R 175 0 R 176 0 R 176 0 R 176 0 R 177 0 R 178 0 R 178 0 R 178 0 R 178 0 R /F7 60 0 R /Length 983 140. /F1 47 0 R endobj /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] A consumer is deemed to be somebody acting for purposes wholly or mainly outside of their trade, business, craft or profession. This concept developed in the free movement case-law of the CJEU but has since been applied more broadly, notably in the Unfair Commercial Practice Directive 2005/29/EC OJ L 149 (11 June 2005) pp 2239 (see Recital 18 and Art 5). /Resources << << The Consumer Contracts (Amendment) Regulations 2015/1629 Regs 46 revoke the provisions of the 2013 Regulations in so far as they are replicated in the Act. 31. 10 0 obj /Tabs /S The CRA also covers notices to the extent that they relate to rights or obligations between traders and consumers or purports to exclude or restrict a trader's liability to a consumer: s 61(4). >> 22. 45. >> 322 0 R 322 0 R] >> Cf Pt 1B of the Supply of Goods and Services Act 1982. /F5 51 0 R 21. /Type /Group /Group << >> Collins, H Good faith in European contract law (1994) 14 Oxford J Legal Stud 229 << Consumer Rights Act 2015 - Stevens & Bolton LLP /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] >> >> The CRA introduces a new regime specifically for digital content defined as data which is produced and supplied in digital form and offers some welcome clarity as previously it was often unclear as to whether digital content should be categorised as goods or services in certain contexts. Similarly, if a timescale has not been agreed, the service must be carried out within a reasonable timeframe. 398 0 R 398 0 R 399 0 R] endobj /F6 52 0 R Consumer Rights Act 2015 - Which? Riefa, C Codification: the future of English consumer law? (2015) 4 /Type /Group /S /Transparency /Type /Group 257 0 R 257 0 R 257 0 R 257 0 R 257 0 R 257 0 R 257 0 R 257 0 R 257 0 R 257 0 R Unlike the UTCCRs, but broadly in line with UCTA, the CRA applies to notices as well as terms, blacklists certain terms and notices (e.g. Cf M Amos Transplanting human rights norms: the case of the United Kingdom's Human Rights Act (2013) 35 Hum Rts Q 386. /K [39 0 R] /Tabs /S Google Scholar; Close this message to accept cookies or find out how to manage your cookie settings. Unlike the SSGCRs, the CRA and associated guidance have clarified that the consumer only has to accept one repair or replacement. /StructParents 8 >> 442 0 R 442 0 R 442 0 R 442 0 R 442 0 R 442 0 R 443 0 R 443 0 R 443 0 R 443 0 R I am not quite sure I completely agree with your assertions on misrepresentations and as for clarity/simplification issues of common law incorporation are surely of less importance as the Act aims to throw more responsibility onto the business of the potential consequences of reliance on the the use of unfair terms.
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