Q&As

What are a trader's obligations under consumer law in relation to free items?

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Published on LexisPSL on 01/02/2017

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • What are a trader's obligations under consumer law in relation to free items?
  • Goods without consideration
  • Goods connected to other items
  • Further information

Goods without consideration

The Consumer Rights Act 2015 (CRA 2015) applies to the supply of goods, service and digital content for contracts. Where the trader has provided no consideration for goods transferred to a consumer, and the goods are not connected with any other promotional item, the CRA 2015 does not apply. The reason for this is that ‘if there is no consideration (that is, if a trader offers to supply goods completely free of any charge or other obligation) there is no contract at all.’ (Business Companion: The sale & supply of goods).

This position is confirmed in the commentary Butterworth’s Trading and Consumer Law. This states:

‘Part 1 of the Act only applies to agreements made between traders and consumer where the agreement is a contract (ie there is the accepta

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