CONTRACT

Question 1

Exemption Clauses

Negligent breach, for death or personal injury

B2B

Answer 1

UCTA s 2(1)

Exemption clause is void

Question 2

Exemption Clauses

Loss or damage B2B

Answer 2

UCTA s 2(2)
Exemption clause valid if reasonable

Question 3

Exemption Clauses

Breach of implied terms ss 13 and 14 SGA or s 3 and 4 of SGSA

B2B

Answer 3

UCTA
S 6 or s 7
Exemption clause is Valid if reasonable

Question 4

Exemption clauses

Breach of an express term

B2B

Answer 4

S 3 UCTA

Valid if reasonable

Question 5

Auctions

When the auctioneers gavel goes down, that is the acceptance of the last bid.

Answer 5

SGA 1979

S 57(2)

Question 6

Implied Terms

B2B

Implied condition that they have the right to transfer the property in the goods

Answer 6

SGSA 1982

S 2

Question 7

Implied Terms

B2B, services

Goods will correspond with that description

Answer 7

SGSA 1982

s 3

Question 8

Implied terms

B2B , services

Satisfactory quality

Answer 8

SGSA 1982

S 4(2)

Question 9

Implied terms

B2B, services

Implied term that the goods will be fit for purpose

Answer 9

SGSA 1982

S 4(5)

Question 10

Implied terms

B2B

Reasonable care and skill in the services provided

Answer 10

SGSA 1982

S 13

Question 11

Implied terms

B2B , services

Reasonable time

Answer 11

SGSA 1982

S 14

Question 12

Implied terms

B2B, services

Reasonable sum will be charged

Answer 12

SGSA 1982

S 15

Question 13

Implied terms

B2B, services

Reasonable sum will be charged

Answer 13

SGSA 1982

S 15

Question 14

Implied Terms

B2B, goods

Implied term that the seller has a right to sell the goods

Answer 14

SGA 1979

S 12(1)

Question 15

Implied terms

B2B, goods

Goods will correspond with description

Answer 15

SGA 1979

S 13(1)

Question 16

Implied terms

B2B , goods

Goods are of satisfactory quality

Answer 16

SGA 1979

S 14(2)

Question 17

Implied terms

B2B, goods

Reasonable fit for purpose

Answer 17

SGA 1979

S 14(3)

Question 18

Implied terms

B2B, goods

Reasonable fit for purpose

Answer 18

SGA 1979

S 14(3)

Question 19

Implied Terms

B2C

Implied goods will be of satisfactory quality

Answer 19

CRA 2015

S 9

Question 20

Implied Terms

B2C

Goods will fit description

Answer 20

CRA 2015

S 11

Question 21

Implied terms

B2C

Goods will correspond with that description

Answer 21

CRA 2015

S 11

Question 22

Implied Terms

B2C

Seller has the right to sell or transfer goods

Answer 22

CRA 2015

S 17

Question 23

Implied Terms

B2C

Reasonable care and skill

Answer 23

CRA 2015

S 49

Question 24

Implied terms

B2C

Reasonable sum to be charged

Answer 24

CRA 2015

S 51

Question 25

Implied terms

B2C

Work will be done in reasonable time

Answer 25

CRA 2015

S 52

Question 26

Implied terms

Consumers rights to enforce terms about goods

Answer 26

CRA 2015

S 19

Question 27

Exemption clauses

B2C

Term that provides liability for a breach of sales contracts (goods to be satisfactory quality, fit for purpose, and as described)

Answer 27

CRA 2015

S 31

Question 28

Termination of Contracts

What should happen in relation to money paid and payable prior to frustration

Court may allow a party who has incurred expenses to recover some or all of theses out of the total money paid.

Answer 28

S 1(2) LR(FC)A 1943

Question 29

Misrepresentation

Answer 29

S 2(1) Misrepresentation Act 1967

Question 30

Reasonableness test for B2B exemption clauses

Answer 30

UCTA 1977

And Schedule 2 Guidelines of UCTA

Question 31

Exemption Clauses

B2C

Reasonable care and skill cannot be excluded

Answer 31

CRA 2015

S 57