Consumer Law from October 2015

The RTA v Bracewell case was based on legislation in force in 2008. Since then, we have he Consumer Rights Act 2015 which applies to contracts and notices between a 'trader' and a 'consumer'.

A 'consumer' is defined as "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession". This definition of consumer is wider than existing definitions found in UK and EU law as it includes individuals who enter into contracts for a mixture of business and personal reasons.

What is a consumer?

For the purposes of this guide, a 'consumer' is an individual who, in his dealings with a trader, is not acting 'wholly or mainly' for the purposes of a business. Where a consumer presents himself as a business (for example, by setting up a business account for buying a service) the law does not consider him to be a consumer.

If the trader claims that the customer is not a consumer, and that the customer's rights are therefore limited, it is for the trader to prove this.

from: https://www.legislation.gov.uk/ukpga/2015/15/section/2

Key definitions

(1)These definitions apply in this Part (as well as the definitions in section 59).

(2)Trader” means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.

(3)Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

(4)A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual's trade, business, craft or profession must prove it.