CRA (Services) and Misrepresentation Suggested Answer
Sara has a business repairing and servicing racing bikes. She serviced Vince’s racing bike
just before Vince, a previous winner, was due to take part in a local bike racing league
held over one week. When Sara returned the bike to Vince, he discovered that it now had
serious problems with the gears and brakes. As a result, Vince was certain to miss the first
three races and so could not possibly win a valuable prize awarded to the overall league
winner.
Sara had a sports watch which she no longer needed. She decided to sell it privately. Tariq
expressed an interest in the watch. Sara remembered something she thought that her
brother had said about the watch. She told Tariq that it was the same model used by the
athletes on a popular television sports programme. Tariq was very impressed by this and
decided to buy the watch. He later discovered that the watch was not at all the same as
the ones used in the television programme.
Consider the rights and remedies which may be available to Vince relating to the servicing
by Sara of his bike.
Consider the rights and remedies which may be available to Tariq following his purchase
of the watch. Tariq has decided to bring a court action against Sara in relation to their
dispute over the watch. Assess the role of the judge who will hear the trial. [30 marks]
Sara v Vince
Sara may be liable for a breach of contract with Vince under the Consumer Rights Act 2015
(CRA 2015).
A contract for services must include terms about reasonable care and skill (s.49), and the
reasonable time for performance (s.52). When Sara serviced Vince's racing bike, the
damage to the gears and brakes suggests a failure to meet the reasonable care and skill
requirement. This could constitute a breach of contract.
Vince may be entitled to statutory remedies under the CRA 2015. He could request a repeat
performance (s.55) or a price reduction (s.56) if the service was defective. If the breach is
severe enough, Vince could argue the contract is repudiatory, which would allow him to end
the contract and seek common law damages, including loss of a chance (Hadley v
Baxendale). This would include the potential loss of earnings from missing races due to the
faulty bike.
Sara has a business repairing and servicing racing bikes. She serviced Vince’s racing bike
just before Vince, a previous winner, was due to take part in a local bike racing league
held over one week. When Sara returned the bike to Vince, he discovered that it now had
serious problems with the gears and brakes. As a result, Vince was certain to miss the first
three races and so could not possibly win a valuable prize awarded to the overall league
winner.
Sara had a sports watch which she no longer needed. She decided to sell it privately. Tariq
expressed an interest in the watch. Sara remembered something she thought that her
brother had said about the watch. She told Tariq that it was the same model used by the
athletes on a popular television sports programme. Tariq was very impressed by this and
decided to buy the watch. He later discovered that the watch was not at all the same as
the ones used in the television programme.
Consider the rights and remedies which may be available to Vince relating to the servicing
by Sara of his bike.
Consider the rights and remedies which may be available to Tariq following his purchase
of the watch. Tariq has decided to bring a court action against Sara in relation to their
dispute over the watch. Assess the role of the judge who will hear the trial. [30 marks]
Sara v Vince
Sara may be liable for a breach of contract with Vince under the Consumer Rights Act 2015
(CRA 2015).
A contract for services must include terms about reasonable care and skill (s.49), and the
reasonable time for performance (s.52). When Sara serviced Vince's racing bike, the
damage to the gears and brakes suggests a failure to meet the reasonable care and skill
requirement. This could constitute a breach of contract.
Vince may be entitled to statutory remedies under the CRA 2015. He could request a repeat
performance (s.55) or a price reduction (s.56) if the service was defective. If the breach is
severe enough, Vince could argue the contract is repudiatory, which would allow him to end
the contract and seek common law damages, including loss of a chance (Hadley v
Baxendale). This would include the potential loss of earnings from missing races due to the
faulty bike.
