20-Continued: Statute For Consumer Contracts Flashcards
What law covers most of the contracts made between consumers and traders?
Consumer Rights Act 2015
What 4 main things does the CRA 2015 cover?
1) Contracts between consumer and trader.
2) Covers unfair terms in consumer contracts.
3) Gives definition of ‘consumer’
4) Gives definition of ‘trader’
Definition of consumer
An INDIVIDUAL acting for purposes that are outside that individuals trade or role etc.
An INDIVIDUAL acting for purposes that are outside that individuals trade or role etc.
What is this the definition of?
A consumer.
Definition of a trader
A person acting for purposes related to their trade or role etc this includes agents.
A person acting for purposes related to their trade or role etc this includes agents.
What is this the definition of?
Trader
What are the main contracts CRA 2015 covers?
1) Sale
2) Hire
3) Hire-purchase
4) Other contracts for transfer of goods
What is s9 CRA 2015
Right of satisfactory quality
Right of satisfactory quality
s9 CRA 2015
What things will judges take account of regarding satisfactory quality of good in s9 CRA 2015?
1) any description of the product
2) the price or other consideration
3) all other relevant info
What things will a judge consider regarding the state of the goods for s9 CRA 2015?
- fit for purpose
- appearance
- free from defects
- safety of goods
What things will make any claim for defect not apply under s9 CRA 2015?
- defects drawn to consumer attention before purchase
- consumer examined goods and should have realised
- consumer examines sample and defect would have been noticed
s9 CRA 2015 is based on subjective or objective test?
Objective test-reasonable person
What case supports the principle in s9 CRA 2015?
Rogers v Parish Scarborough (1987)
Facts: Range Rover sold as 4x4 but was saloon car.
Rogers v Parish Scarborough (1987)
Supports principle in s9 CRA 2015
s10 CRA 2015
Right of fitness for purpose for goods
Right of fitness for purpose of goods
s10 CRA 2015
What case supports the principle in s10 CRA 2015?
Baldry v Marshall (1925)
Facts: Buyer asked seller to supply car that was practical. Bugatti was not practical.
Baldry v Marshall (1925)
Principle: supports principle in s10 CRA 2015
Facts: Buyer asked seller to supply car that was practical. Bugatti was not practical.
s11 CRA 2015
Right relating to description of goods.
Goods must match description