Contract 4 - CRA Flashcards
What 3 parts are there to the CRA?
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- Goods π©βπ¦³π¦
- Digital Contentπ©βπ¦³π»
- Servicesπ©βπ¦³π¨βπΌ
What implied terms are there under CRA for goods?
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- Match description π©βπ¦³π
- Satisfactory qualityπ©βπ¦³βοΈ
- Reasonably fit for purpose (which consumer makes known to trader)
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What remedial options are there for consumers for contracts for goods under CRA?
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- reject - 30 days π©βπ¦³π ββοΈ
- repair/replacement: unless impossible or disproportionate; within a reasonable time π°οΈ & w/o signif inconvenience π€ to consumer π§
-
price reduction or final right to reject (only after 1 replacement/replacement or where 2 is not possible) π°π€¬
.
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?
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- Match any description π©βπ¦³π
- Satisfactory qualityπ©βπ¦³βοΈ
- Reasonably fit for purposeπ©βπ¦³πͺ
What remedial options are there for consumers for contracts for digital content under CRA?
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Within 6 months:
1. repair/replacement (reasonable time π°οΈ convenience π€) π§
2. if 1 not possible: Price Reduction only where consumer canβt require repair/replacement or not done so w/in a reasonable timeπ°
2. refund (to be paid 14 days with no fees)π€
- Can claim compensation for other digital assets held if no reasonable care and skill. π€‘π»π₯π°
When is the quality of digital good βsatisfactoryβ?
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 producerβ
What implied terms are there under CRA for services?
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- Reasonable care and skill π€‘
- Provided in a reasonable timeβ±οΈ
- Reasonable price to be paidβοΈπ·
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?
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- Right to Require Repeat Performance: within reasonable time & without signif inconvenienceπ°οΈπ€ π
- Right to Price Reduction: only where repeat performance impossible/disproportionate or not done w/in reasonable time etc π°
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 βοΈ
- Construction: does the clause cover the alleged breach & resulting loss π
- Statutory Controls: UCTA 1977 or CRA 2015 π¬π§
What guidelines are followed to determine construction when excluding liability for negligence?
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a) does clause expressly say negligence? π§
b) are words wide enough to cover negligence? π
c) are they too wide? could head of damage be based on some ground other than negligenceπ€β¦..ποΈ
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 π©β𦳠for Breach of Statutory Implied Terms of
- Goods π¦
- Digital Content π»
not binding
What are the rules on exemption clauses on CRA π©β𦳠for Statutory Implied Terms for services:
- attempts to entirely excludeβ: not binding;
- restrict/limit liability = not binding if prevents recovery of price paid βπ΅
- Terms other than exemption clauses: not binding if unfair ββοΈ