Contract Terms + Consumer Rights Act

Question 1

Terms definition

Answer 1

The obligations of a contract.

Question 2

Conditions

Type of term

Answer 2

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).

Question 3

Warranty

Answer 3

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.

Question 4

Types of remedy

Answer 4

Damages, repudiation, or both

Question 5

Repudiation meaning

Answer 5

Termination of contract.

Question 6

Poussard v Spiers & Pond

Answer 6

Case used for conditions.

Question 7

Bettini v Gye

Answer 7

Case used for warranties.

Question 8

Innominate term

Answer 8

Unclear if the term is a warranty or condition. Judge will decide if it should be enforced as either.

Question 9

Hong Kong Fir Shipping v Kawasaki

Answer 9

Case used for innominate terms.

Question 10

Express terms

Answer 10

Terms decided upon by the parties making the contract.

Question 11

Implied terms

Answer 11

Terms forced upon the contract by Acts of Parliament.

Question 12

Consumer Rights Act 2015

Answer 12

Implied terms for contracts involving supply of goods and supply of services.

Question 13

All goods should be:

Answer 13

• Of satisfactory quality
• Fit for purpose
• As described

Question 14

Consumer Rights Act 2015 s.9

Answer 14

Goods must be of satisfactory quality

Question 15

Consumer Rights Act 2015 s.10

Answer 15

Goods must be fit for purpose

Question 16

Consumer Rights Act 2015 s.11

Answer 16

Goods must be as described (match any descriptions, models or samples)

Question 17

Consumer Rights Act 2015 s.20

Answer 17

Entitled to full refund within 30 says of purchase.

Question 18

Consumer Rights Act 2015 s.23

Answer 18

You must give the retailer one opportunity to determine to repair or replace the goods (only if it has been >30 days)

Question 19

Consumer Rights Act 2015 s.24

Answer 19

If repair/replacement from s.23 is unsuccessful, entitled to refund or price reduction.

Question 20

All services should be:

Answer 20

• Performed with reasonable care and skill
• Unless a timescale has been agreed, the service must be carried out within a reasonable time.

Question 21

Consumer Rights Act 2015 s.49

Answer 21

The trader must perform the service with reasonable care and skill.

Question 22

Consumer Rights Act 2015 s.52

Answer 22

Unless a timescale has been agreed, the service must be carried out within a reasonable time.

Question 23

Consumer Rights Act 2015 s.55

Answer 23

The trader should either redo the element which is inadequate or perform the whole again at no extra cost.

Question 24

Consumer Rights Act 2015 s.56

Answer 24

Where repeat performance is not possible, the consumer can claim a price reduction.

Question 25

When should a trader give a refund under s.56?

Answer 25

Within 14 days.