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Consumer Rights Act 2015

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This is the original version (as it was originally enacted).

What statutory rights are there under a services contract?

49Service to be performed with reasonable care and skill

(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

(2)See section 54 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

50Information about the trader or service to be binding

(1)Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—

(a)it is taken into account by the consumer when deciding to enter into the contract, or

(b)it is taken into account by the consumer when making any decision about the service after entering into the contract.

(2)Anything taken into account by the consumer as mentioned in subsection (1)(a) or (b) is subject to—

(a)anything that qualified it and was said or written to the consumer by the trader on the same occasion, and

(b)any change to it that has been expressly agreed between the consumer and the trader (before entering into the contract or later).

(3)Without prejudice to subsection (1), any information provided by the trader in accordance with regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) is to be treated as included as a term of the contract.

(4)A change to any of the information mentioned in subsection (3), made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

(5)See section 54 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

51Reasonable price to be paid for a service

(1)This section applies to a contract to supply a service if—

(a)the consumer has not paid a price or other consideration for the service,

(b)the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed, and

(c)anything that is to be treated under section 50 as included in the contract does not fix a price or other consideration either.

(2)In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

(3)What is a reasonable price is a question of fact.

52Service to be performed within a reasonable time

(1)This section applies to a contract to supply a service, if—

(a)the contract does not expressly fix the time for the service to be performed, and does not say how it is to be fixed, and

(b)information that is to be treated under section 50 as included in the contract does not fix the time either.

(2)In that case the contract is to be treated as including a term that the trader must perform the service within a reasonable time.

(3)What is a reasonable time is a question of fact.

(4)See section 54 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

53Relation to other law on contract terms

(1)Nothing in this Chapter affects any enactment or rule of law that imposes a stricter duty on the trader.

(2)This Chapter is subject to any other enactment which defines or restricts the rights, duties or liabilities arising in connection with a service of any description.

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