Consumer Remedies: Protecting Buyers When Goods or Services Fall Short
In our previous discussion, we examined the remedies available to sellers when buyers default. But contract law works both ways. While sellers need protection against non-payment, consumers equally require strong safeguards when goods or services fail to meet expectations. After all, the very purpose of consumer law is to prevent individuals—often in a weaker bargaining position—from bearing the risks of defective or misleading transactions.
In this chapter, we turn to consumer remedies, focusing on the rights buyers enjoy under modern consumer legislation and how these remedies operate in practice. By exploring repair, replacement, rejection, and compensation, we will see how the law strives to maintain fairness in the marketplace.
The Legal Foundation
Consumer remedies are rooted in statutory rights, particularly the Consumer Rights Act 2015 (CRA) in the UK, which consolidated and modernised existing protections. While the Sale of Goods Act 1979 (SGA) remains relevant in commercial contexts, the CRA gives consumers a clearer, structured system of remedies.
The underlying principle is simple: if a product or service does not conform to the contract, the buyer should not be forced to accept it. Instead, the law provides multiple remedies to restore fairness.
The Short-Term Right to Reject
One of the most powerful remedies available to consumers is the short-term right to reject goods. Under the CRA, buyers have 30 days from delivery (or installation, if applicable) to reject goods that are faulty, misdescribed, or otherwise non-conforming.
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Example : A consumer orders a smart fridge that claims to track food expiry dates. Upon delivery, the fridge’s digital system does not function. Within the 30-day window, the buyer rejects it and demands a full refund.
This right provides clarity compared to the SGA, which left the concept of “acceptance” more ambiguous. However, once the 30-day period expires, the consumer must pursue other remedies.
Repair or Replacement
If the consumer does not exercise the short-term rejection right, the next stage is repair or replacement. The trader must act within a reasonable time and bear all costs, including labour, parts, and shipping.
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Example : A buyer purchases an electric bike, but the battery fails after two weeks. The seller arranges a replacement battery free of charge. If the replacement also fails, the buyer may escalate to final remedies.
Importantly, the seller can refuse repair or replacement if it would be disproportionately costly compared to other remedies, but the burden of proof rests on them.
Price Reduction and Final Right to Reject
Where repair or replacement is impossible, unsuccessful, or unreasonably delayed, the consumer may claim either:
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A price reduction (up to 100% of the price), or
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A final right to reject, with a refund subject to fair deductions for use.
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Example : A customer buys a drone advertised with 40 minutes of flight time, but it consistently lasts only 15 minutes. After one failed repair attempt, the buyer rejects the drone entirely and receives a refund, minus a small deduction reflecting the limited use already enjoyed.
This staged approach ensures consumers are not trapped with substandard goods while balancing fairness for traders.
Special Case: Services
The CRA also applies to services, imposing duties of reasonable care and skill, reasonable time, and reasonable price (if not fixed in advance).
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Example : A consumer hires a plumber to install a smart heating system. The installation is faulty, leaving the system unusable. The plumber must redo the work at no extra cost. If they fail, the consumer can hire another professional and recover the cost from the original trader.
Services therefore trigger similar remedies—repeat performance or price reduction—to ensure consumers are not disadvantaged.
Compensation for Consequential Loss
Beyond refunds and replacements, consumers may also claim damages for foreseeable losses caused by defective goods or services.
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Example 2025: A small café owner buys a commercial freezer. It malfunctions, spoiling all stored produce. In addition to a refund for the freezer, the owner may claim compensation for the wasted food, as this loss was foreseeable.
This remedy ensures consumers are not left out of pocket for knock-on effects.
Delivery and Quantity Issues
The CRA also addresses delivery obligations. Goods must be delivered within the agreed time—or within 30 days if no time is specified. Failure to deliver allows the consumer to cancel the contract.
Likewise, delivery of excess or short quantities may be rejected unless the buyer agrees otherwise.
Practical Impact
In today’s digital and global marketplace, consumer remedies apply not just to physical goods but also to digital content and hybrid transactions:
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Streaming subscriptions that fail to work as promised.
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Downloadable software riddled with bugs.
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Smart devices requiring installation services alongside the product.
The same principles of rejection, repair, replacement, and compensation apply, adapted to the modern context.
Conclusion: Two Sides of the Same Coin
Just as sellers need remedies to protect them against defaulting buyers, consumers need remedies when products or services fail to meet expectations. The law carefully balances these interests:
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Sellers can claim the price, damages, and exercise lien rights.
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Consumers can reject, demand repair or replacement, or claim compensation.
Together, these rules create a fair marketplace where risk is not unfairly shifted onto either party. In essence, consumer remedies and seller’s remedies form the twin pillars of commercial fairness—ensuring that contracts are not just written words, but enforceable promises.
Under the Consumer Rights Act 2015, how long does a consumer have to exercise the short-term right to reject faulty goods?
30 days from delivery or installation.
If a faulty product cannot be repaired or replaced successfully, which remedies can the consumer claim under the CRA?
Price reduction or final right to reject with a refund.
Only damages for consequential loss.
Only the right to repeat performance.
A consumer hires a plumber to install a smart heating system, but the installation is faulty. Under the CRA, what remedy is available?
Repeat performance of the service at no extra cost or a price reduction.
The consumer has no remedies once the service starts.
Only the short-term right to reject within 7 days.
Beyond refunds, replacement, or repair, what additional compensation can a consumer claim?
Damages for foreseeable consequential loss caused by defective goods or services.
Only the right to replace the goods with identical items.
Only the right to reject excess quantities.
If a bespoke table is delivered months late, which remedy can the consumer exercise?
Cancel the contract and recover the price paid.
Only demand repair of the table.
Accept the delivery and claim no further remedies.
