Contract 4 - CRA Flashcards
What 3 parts are there to the CRA?
👩🦳
- Goods 👩🦳📦
- Digital Content👩🦳💻
- Services👩🦳👨💼
What implied terms are there under CRA for goods?
👩🦳📦
- Match description 👩🦳📝
- Satisfactory quality👩🦳⭐️
- Reasonably fit for purpose (which consumer makes known to trader)
👩🦳🗣️💪
What remedial options are there for consumers for contracts for goods under CRA?
👩🦳📦
- reject - 30 days 👩🦳🙅♀️
- repair/replacement: unless impossible or disproportionate; within a reasonable time 🕰️ & w/o signif inconvenience 😤 to consumer 🔧
-
price reduction or final right to reject (only after 1 replacement/replacement or where 2 is not possible) 💰🤬
.
where the final right to reject is exercised within 6 months, there should be a full refund with no deduction for use.
What implied terms are there under CRA for digital content?
👩🦳💻
- Match any description 👩🦳📝
- Satisfactory quality👩🦳⭐️
- Reasonably fit for purpose👩🦳💪
What remedial options are there for consumers for contracts for digital content under CRA?
👩🦳💻
Within 6 months:
1. repair/replacement (reasonable time 🕰️ convenience 😤) 🔧
2. if 1 not possible: Price Reduction only where consumer can’t require repair/replacement or not done so w/in a reasonable time💰
2. refund (to be paid 14 days with no fees)🤑
- Can claim compensation for other digital assets held if no reasonable care and skill. 🤡💻🔥💰
When is the quality of digital good ‘satisfactory’?
it meets the standard that a reasonable person would consider satisfactory
When considering the reasonable person test for satisfactory quality of digital goods, what are the considerations?
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’
What implied terms are there under CRA for services?
👩🦳👨💼
- Reasonable care and skill 🤡
- Provided in a reasonable time⏱️
- Reasonable price to be paid⚖️💷
What terms made by the service provider are included under CRA for services?
- 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.
What remedial options are there for consumers for contracts for services under CRA?
👩🦳👨💼
- Right to Require Repeat Performance: within reasonable time & without signif inconvenience🕰️😤 🔂
- Right to Price Reduction: only where repeat performance impossible/disproportionate or not done w/in reasonable time etc 💰
What is the 3-stage test to determine where a party can rely on an exemption clause?
- Incorporation: is it part of the contract - normal rules ✍️
- Construction: does the clause cover the alleged breach & resulting loss 🔍
- Statutory Controls: UCTA 1977 or CRA 2015 🇬🇧
What guidelines are followed to determine construction when excluding liability for negligence?
🤡
a) does clause expressly say negligence? 🧐
b) are words wide enough to cover negligence? 🙌
c) are they too wide? could head of damage be based on some ground other than negligence🤚…..🖐️
What are the rules on exemption clauses on CRA for Death/PI from Negligence:
cannot do so, not binding on customer
What are the rules on exemption clauses on CRA 👩🦳 for Breach of Statutory Implied Terms of
- Goods 📦
- Digital Content 💻
not binding
What are the rules on exemption clauses on CRA 👩🦳 for Statutory Implied Terms for services:
- attempts to entirely exclude❌: not binding;
- restrict/limit liability = not binding if prevents recovery of price paid ❌💵
- Terms other than exemption clauses: not binding if unfair ❌⚖️
