Consumer Rights Act 2022

Consumer’s right to pursue other remedies

34. (1) The remedies provided for in this Chapter and Chapter 4 of this Part do not affect the right of the consumer to pursue other remedies (without recovering twice for the same loss) where goods are not in conformity with the sales contract or the trader otherwise fails to comply with the requirements of this Part.

(2) The other remedies referred to in subsection (1) include in particular any of the following remedies that may be available to the consumer—

(a) claiming damages,

(b) relying on the lack of conformity with the sales contract against a claim under the sales contract by the trader for payment of the price,

(c) seeking to recover money paid to the trader for goods that do not comply with the requirements of this Part,

(d) having a lack of conformity of the goods with the sales contract remedied elsewhere and recovering from the trader all reasonable costs incurred in having the lack of conformity so remedied, or

(e) an order for specific performance under section 52 of the Sale of Goods Act, 1893 in an action for breach of contract to deliver specific or ascertained goods.