Contract Terms + Consumer Rights Act Flashcards
Terms definition
The obligations of a contract.
Conditions
Type of term
The most important term of a contract. A failure to fulfill a condition means claimant is entitled to all forms of remedy (damages, repudiation or both).
Warranty
A minor term that isn’t vital to the contract. A failure to fulfill a warranty means claimant is entitled to damages, but cannot terminate the contract.
Types of remedy
Damages, repudiation, or both
Repudiation meaning
Termination of contract.
Poussard v Spiers & Pond
Case used for conditions.
Bettini v Gye
Case used for warranties.
Innominate term
Unclear if the term is a warranty or condition. Judge will decide if it should be enforced as either.
Hong Kong Fir Shipping v Kawasaki
Case used for innominate terms.
Express terms
Terms decided upon by the parties making the contract.
Implied terms
Terms forced upon the contract by Acts of Parliament.
Consumer Rights Act 2015
Implied terms for contracts involving supply of goods and supply of services.
All goods should be:
- Of satisfactory quality
- Fit for purpose
- As described
Consumer Rights Act 2015 s.9
Goods must be of satisfactory quality
Consumer Rights Act 2015 s.10
Goods must be fit for purpose
Consumer Rights Act 2015 s.11
Goods must be as described (match any descriptions, models or samples)
Consumer Rights Act 2015 s.20
Entitled to full refund within 30 says of purchase.
Consumer Rights Act 2015 s.23
You must give the retailer one opportunity to determine to repair or replace the goods (only if it has been >30 days)
Consumer Rights Act 2015 s.24
If repair/replacement from s.23 is unsuccessful, entitled to refund or price reduction.
All services should be:
- Performed with reasonable care and skill
- Unless a timescale has been agreed, the service must be carried out within a reasonable time.
Consumer Rights Act 2015 s.49
The trader must perform the service with reasonable care and skill.
Consumer Rights Act 2015 s.52
Unless a timescale has been agreed, the service must be carried out within a reasonable time.
Consumer Rights Act 2015 s.55
The trader should either redo the element which is inadequate or perform the whole again at no extra cost.
Consumer Rights Act 2015 s.56
Where repeat performance is not possible, the consumer can claim a price reduction.
When should a trader give a refund under s.56?
Within 14 days.
