Contract 4 - CRA Flashcards

1
Q

What 3 parts are there to the CRA?
πŸ‘©β€πŸ¦³

A
  • Goods πŸ‘©β€πŸ¦³πŸ“¦
  • Digital ContentπŸ‘©β€πŸ¦³πŸ’»
  • ServicesπŸ‘©β€πŸ¦³πŸ‘¨β€πŸ’Ό
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2
Q

What implied terms are there under CRA for goods?
πŸ‘©β€πŸ¦³πŸ“¦

A
  • Match description πŸ‘©β€πŸ¦³πŸ“
  • Satisfactory qualityπŸ‘©β€πŸ¦³β­οΈ
  • Reasonably fit for purpose (which consumer makes known to trader)
    πŸ‘©β€πŸ¦³πŸ—£οΈπŸ’ͺ
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3
Q

What remedial options are there for consumers for contracts for goods under CRA?
πŸ‘©β€πŸ¦³πŸ“¦

A
  1. reject - 30 days πŸ‘©β€πŸ¦³πŸ™…β€β™€οΈ
  2. repair/replacement: unless impossible or disproportionate; within a reasonable time πŸ•°οΈ & w/o signif inconvenience 😀 to consumer πŸ”§
  3. price reduction or final right to reject (only after 1 replacement/replacement or where 2 is not possible) πŸ’°πŸ€¬
    .
    where the final right to reject is exercised within 6 months, there should be a full refund with no deduction for use.
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4
Q

What implied terms are there under CRA for digital content?
πŸ‘©β€πŸ¦³πŸ’»

A
  • Match any description πŸ‘©β€πŸ¦³πŸ“
  • Satisfactory qualityπŸ‘©β€πŸ¦³β­οΈ
  • Reasonably fit for purposeπŸ‘©β€πŸ¦³πŸ’ͺ
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5
Q

What remedial options are there for consumers for contracts for digital content under CRA?
πŸ‘©β€πŸ¦³πŸ’»

A

Within 6 months:
1. repair/replacement (reasonable time πŸ•°οΈ convenience 😀) πŸ”§
2. if 1 not possible: Price Reduction only where consumer can’t require repair/replacement or not done so w/in a reasonable timeπŸ’°
2. refund (to be paid 14 days with no fees)πŸ€‘
- Can claim compensation for other digital assets held if no reasonable care and skill. πŸ€‘πŸ’»πŸ”₯πŸ’°

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6
Q

When is the quality of digital good β€˜satisfactory’?

A

it meets the standard that a reasonable person would consider satisfactory

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7
Q

When considering the reasonable person test for satisfactory quality of digital goods, what are the considerations?

A

Such a reasonable person would take account of matters of:

  • description
  • price
  • any public statement about the specific characteristics of the digital content made by:
    • the trader,
    • the producer or
    • any representative of the trader or producer’
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8
Q

What implied terms are there under CRA for services?
πŸ‘©β€πŸ¦³πŸ‘¨β€πŸ’Ό

A
  • Reasonable care and skill 🀑
  • Provided in a reasonable time⏱️
  • Reasonable price to be paidβš–οΈπŸ’·
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9
Q

What terms made by the service provider are included under CRA for services?

A
  • anything that is said or written to the consumer,
  • by or on behalf of the trader,
  • about the trader or the service
    is to be included as a term where it is taken into account by the consumer
  • when deciding to enter into the contract or
  • when making any decision about the service after entering into the contract.
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10
Q

What remedial options are there for consumers for contracts for services under CRA?
πŸ‘©β€πŸ¦³πŸ‘¨β€πŸ’Ό

A
  1. Right to Require Repeat Performance: within reasonable time & without signif inconvenienceπŸ•°οΈπŸ˜€ πŸ”‚
  2. Right to Price Reduction: only where repeat performance impossible/disproportionate or not done w/in reasonable time etc πŸ’°
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11
Q

What is the 3-stage test to determine where a party can rely on an exemption clause?

A
  1. Incorporation: is it part of the contract - normal rules ✍️
  2. Construction: does the clause cover the alleged breach & resulting loss πŸ”
  3. Statutory Controls: UCTA 1977 or CRA 2015 πŸ‡¬πŸ‡§
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12
Q

What guidelines are followed to determine construction when excluding liability for negligence?
🀑

A

a) does clause expressly say negligence? 🧐
b) are words wide enough to cover negligence? πŸ™Œ
c) are they too wide? could head of damage be based on some ground other than negligenceπŸ€šβ€¦..πŸ–οΈ

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13
Q

What are the rules on exemption clauses on CRA for Death/PI from Negligence:

A

cannot do so, not binding on customer

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14
Q

What are the rules on exemption clauses on CRA πŸ‘©β€πŸ¦³ for Breach of Statutory Implied Terms of
- Goods πŸ“¦
- Digital Content πŸ’»

A

not binding

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15
Q

What are the rules on exemption clauses on CRA πŸ‘©β€πŸ¦³ for Statutory Implied Terms for services:

A
  • attempts to entirely exclude❌: not binding;
  • restrict/limit liability = not binding if prevents recovery of price paid βŒπŸ’΅
  • Terms other than exemption clauses: not binding if unfair βŒβš–οΈ
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16
Q

Are use of parallel/secondary contracts to avoid CRA permitted?

A

Generally, no