Post by Fredxxx Post by Peter Parry
For sale of goods the protections in the Consumer Rights Act apply
only to a contract for a trader to supply goods to a consumer.
(Consumer Rights Act S3(1)). The act makes no provision for those
rights to exist outside of the contract or for them to be transferable
in any subsequent sale.
I take issue with that assertion.
Consumer Rights Act 2015
2 Key definitions
(3) Consumer means an individual acting for purposes that are
wholly or mainly outside that individuals trade, business, craft or
Post by Fredxxx
Therefore goods sold second hand by a customer to a third party is also
a consumer for the purposes of this act.
The participants, in your previous paragraph would, as I think you are
saying, both be consumers. Any contract between them would however, be
a private person to person contract, not a consumer contract.
For a contract to be a consumer contract it _must_ have one party
acting as a trader and one as a consumer. This is clearly defined in
several places, in the case of sales of goods the appropriate section
is 3(1) - "This Chapter applies to a contract for a trader to supply
goods to a consumer.". Not for a trader to provide goods to another
trader or for a consumer to provide goods to another consumer but
specifically and only for a trader to provide goods to a consumer.
This isn't new, that definition of a consumer contract has existed for
many years in other legislation absorbed into the Consumer Rights act.
Post by Fredxxx
You mention many times about
'contract' but the whole point of the Consumer Rights Act is to provide
the consumer with protection beyond contractual responsibility.
That is not its purpose at all. What it does is to enshrine within any
consumer contract certain terms which cannot be removed by either
party to the contract. It takes the implied terms from the SoGA adds
a few more and made them an integral part of any consumer contract.
Trade sellers cannot opt out of those terms and they are part of each
Outside of a contract they simply don't exist.
The explanatory notes to the Act make this clear (Commentary Para 30)
"Part 1 is concerned with contracts between a trader and a
consumer under which a trader agrees to supply goods, digital
content or services (or any combination of these) to a consumer. It
does not matter whether the contract is written or oral or implied by
the conduct of the trader and consumer, or a combination of
these. This means that, for the Part to have effect, there
must be a contract and the contract must be for a trader
to supply goods, digital content or services to a consumer. "
So, if you buy a new fridge from AO this is a consumer contract
between AO, a business, and you, a consumer. Part of that contract are
the terms put in by the consumer credit act such as fitness for
purpose, durability, appearance and finish etc.
If you buy a new fridge from a private individual that is a private
sale between two individuals. The Consumer Protection Act does not
apply and none of the implied terms are incorporated by default in the
contract. The Sale of Goods Act, minus the implied terms now
incorporated in the Consumer Rights Act still applies.
If you buy a nearly new fridge from a private individual the same
applies. It is not a consumer contract.
If you buy a nearly new fridge from Fred's Fridge Supplies that is a
consumer contract between you a consumer and Fred's, a trader. If
Fred's goes out of business a week later you have no redress against
the company that supplied Fred's because you have no contract with
Assume you are driving down the road one day and you see a fridge on
the side with a sign on it saying "Help yourself, brand new, wife
doesn't like colour". Inside is the receipt from a week previously
from AO. You take it home, plug it in and it works but a week later
it stops working. Do you think AO who have received not a penny from
you and have had no contract with you should provide you with a