What can I do when a service was not carried out with reasonable care?
Under the Consumer Rights Act 2015, every contract for a service to a consumer includes a term that the trader must perform it with reasonable care and skill. If the trader fails, the consumer can first require the trader to perform the service again, and in some cases a price reduction.
The term in every service contract
Section 49(1) treats every contract to supply a service as including a term that the trader must perform the service with reasonable care and skill. Section 57(1) provides that a term of the contract is not binding on the consumer to the extent that it would exclude the trader's liability for failing to perform the service with reasonable care and skill.
Repeat performance first
Where the service does not conform to the contract, section 54(3) gives the consumer the right to require repeat performance and the right to a price reduction. Under section 55(1), repeat performance means requiring the trader to perform the service again, to the extent necessary to complete it in conformity with the contract. Section 55(2) requires the trader to do so within a reasonable time, without significant inconvenience to the consumer, and at the trader's own cost. Section 55(3) removes that right where completing the service in conformity with the contract is impossible.
When a price reduction is available
Section 56(3) allows a price reduction only where repeat performance is impossible, or where the consumer has required repeat performance and the trader has not provided it within a reasonable time and without significant inconvenience. Under section 56(2), the reduction may, where appropriate, be the full price, and section 56(4) requires any refund to be given without undue delay and in any event within 14 days of the trader agreeing that the consumer is entitled to it.
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Order the membershipThis guide is general information about the law of England and Wales. It is not advice on your situation.