What UK Consumer Rights Act 2015 Section 49 - Service to Be Performed With Reasonable Care and Skill (Implied Statutory Term in Every Consumer Service Contract, Remedies via Section 54) requires
Section 49 of the Consumer Rights Act 2015 (c. 15) establishes the foundational implied term that traders must perform consumer services with reasonable care and skill - the primary statutory standard for consumer services across all sectors including financial services, professional services, IT and digital services, hospitality, healthcare, education, travel, beauty, and any other paid service to a consumer. Under section 49(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. Under section 49(2), the cross-reference is to section 54 for the consumer's rights if the trader is in breach of a term that section 49 requires to be treated as included in the contract. Section 49 cannot be contracted out of by any consumer contract term (per section 57 - exclusion of liability) for personal injury or death claims; for other claims, contractual limitation/exclusion is subject to the section 62 fairness test (unfair term void) and the Unfair Contract Terms Act 1977 reasonableness test for non-consumer protection. Remedies under section 54 include repeat performance (s.55), price reduction (s.56), and damages (general law). The Consumer Rights Act 2015 supersedes the prior Supply of Goods and Services Act 1982 section 13 for consumer contracts; the SGSA 1982 framework continues to apply for B2B service contracts.
Pillar: Operations & CX · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2015/15/section/49
SHA-256 integrity: 095d511a39aa7bf8ca5b6b9409fdfcdd8589811ab63714967972f25a055eaeac
Primary Citations — 7 traced to source
- Consumer Rights Act 2015 (c. 15) Section 49 (Service to be performed with reasonable care and skill) subsection (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.' Published at legislation.gov.uk/ukpga/2015/15/section/49.
- Consumer Rights Act 2015 Section 49(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.'
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