5 - Contract terms implied by statute law in relation to consumer contracts

Question 1

Consumer Rights Act 2015

Answer 1

passed to simplify the law relation to consumer ights and help to resolve disputes quickly

Question 2

Section 9: satisfactory quality

in relation to goods

Answer 2

test is objective and must meet the standard that a reasonable person would consider satisfactory
must take into account their description, price and other relevant points
The implied term as to quality does not cover any defect brought to the consumers attention before the contract

Question 3

Section 10: Fitness for a particular purpose

in relation to goods

Answer 3

Goods have to be reasonably fit for purpose – this may be a general purpose or
A trader may specify that they are fit for a particular purpose
The implied term does not apply if the consumer does nort reply on the opinion of the trader

Question 4

Section 11: Description of goods

in relation to goods

Answer 4

The goods must match the description

Question 5

Remedies for breach of a term implied into a contract to supply goods

in relation to goods

Answer 5

If there is breach of s9,10 or 11 then the consumer is entitled to seek damage

Question 6

Section 20: Short term right to reject

in relation to goods

Answer 6

The consumer has a short term right to reject goods, normally 30 days from the purchase and/or delivery
The consumer has the right under certain circumstances to reject the goods and treat the contract as at an end

Question 7

Section 23: right to repair or a replacement

in relation to goods

Answer 7

A consumer has a right to a repair or replacement within a reasonable time without significant inconvenience
The trader must bear any costs in doing so
The consumer cannot insist on a repair or replacement if this isn’t possible

Question 8

Section 24: right to a price reduction or a final right to reject

in relation to goods

Answer 8

This is a consumers right to receive a price reduction or receive a refund, followed by a final right to reject the goods
For example – after one repair or one replacement if the goods do not conform to the contract then you can reject the goods and

Question 9

Section 49: reasonable care and skills

in relation to services

Answer 9

Every contract to supply a service includes a term that the trader must perform the service with reasonable care and skill

Question 10

Section 52: performance within a reasonable time

in relation to services

Answer 10

Where the contract does not fix the specific time for which the service is to be performed, or how the time is to be fixed – then it is implied that the services must be completed in a reasonable time

Question 11

Section 55: right to repeat performance

Answer 11

The right that
The trader perform the service again until it is complete
Conformity with the original contract

Question 12

Section 56: right to a price reduction

in relation to services

Answer 12

The right a price reduction is the right to require the trade to reduce the price to the consumer by an appropriate amount